Wanjiru v Biashara Sacco Limited [2025] KECPT 242 (KLR)

Wanjiru v Biashara Sacco Limited (Tribunal Case 567 of 2016) [2025] KECPT 242 (KLR) (27 February 2025) (Ruling)

Neutral citation: [2025] KECPT 242 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 567 of 2016

BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members

February 27, 2025

Between

Peter Mwangi Wanjiru

Claimant

and

Biashara Sacco Limited

Respondent

Ruling

1. The Application for determination is dated 2/4/2024 filed on 8/4/2024. The Application is presented on Rule 3 and 4 Co-operative Tribunal (Practice Procedure Rules, 2009).The Application seen for:a.The restriction prohibiting dealings with land title number Konyu/Baricho/3720 pending the hearing and determination of this tribunal case number 567 of 2016 be and is hereby vacated/removed.b.The costs of this application be in the cause.The same is supported by the Supporting Affidavit of Peter Mwangi Wanjiru sworn on 2/4/2024 where he states on 10/7/2017 the Honorable Tribunal issued an order restraining the Respondent from advertising offering for sale or scheduling an auction against Land Title No. Konyu/Baricho/3720 until the Claim is heard and determined in a bid to preserve the subject matter.

2. The order was registered on the land title thus prohibiting all dealings with the property until the case is heard and determined. The Green Card Land Title No. Konyu/Baricho/3720 was attached.The application seeks for orders to have the restriction orders issued by the Tribunal on 10/4/2017 be vacated so that the encumbrance in the title may be removed and allow the registration of the discharge of change.

3. We note the application is undefended despite service on the Respondent and this being proof of service.We have further looked into the file and note that indeed the matter was long determined and Judgement delivered on 14/10/2022 where amongst the orders therein the Tribunal gave an order under order No. 2 of the land Judgement.b)Respondent is to discharge land title Konyu/Baricho/3720 and release title to the Claimant within 21 days.”

4. Having confirmed the above the Application is thus to assist in facilitation of the discharge.We shall not delabour the point any further or interrogate any other issue we thus:i.Allow the Application dated 2/4/2024 in terms of prayer No.1. we order for the restriction prohibiting dealings with land title No. Konyu/Baricho/3720 be vacated and or removed.ii.The restriction therein in title No. Konyu/Baricho/3720 is lifted.iii.No orders as to costs.iv.File ordered as closed.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF FEBRUARY, 2025. HON. B. KIMEMIA CHAIRPERSON SIGNED 27. 2.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 2.2025HON. BEATRICE SAWE MEMBER SIGNED 27. 2.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 27. 2.2025HON. PHILIP GICHUKI MEMBER SIGNED 27. 2.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 27. 2.2025HON. PAUL AOL MEMBER SIGNED 27. 2.2025Tribunal Clerk JonahNone appearance by the parties.HON. B. KIMEMIA CHAIRPERSON SIGNED 27. 2.2025