Case ID:181912

Naomi Waeni Ndivo v Yes Sacco Society Limited [2021] eKLR

Case Metadata

Case Number:

Tribunal Case 246 of 2019

Parties:

Naomi Waeni Ndivo v Yes Sacco Society Limited

Date Delivered:

02 Sep 2021

Case Class:

Civil

Court:

Cooperative Tribunal

Case Action:

Ruling

Judge(s):

Hon. B. Kimemia Chairperson Signed 2.9.2021 Hon. J. Mwatsama Deputy Chairperson Signed 2.9.2021 Mr. Gitonga Kamiti Member Signed 2.9.2021 Mr. B. Akusala Member Signed 2.9.2021

Citation:

Naomi Waeni Ndivo v Yes Sacco Society Limited [2021] eKLR

Advocates:

Miss Maina holding brief for Mbigi for

Claimant/Applicant

Mbuthia |Advocate for Respondent: Present

Court Division:

Tribunal

County:

Nairobi

Advocates:

Miss Maina holding brief for Mbigi for

Claimant/Applicant

Mbuthia |Advocate for Respondent: Present

History Advocates:

Both Parties Represented

Case Outcome:

Leave granted

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE CO-OPERATIVE TRIBUNAL

AT NAIROBI

TRIBUNAL CASE NO.246 OF 2019

NAOMI WAENI NDIVO............................. CLAIMANT

VERSUS

YES SACCO SOCIETY LIMITED....... RESPONDENT

RULING

The matter for determination is a

Notice of Motion

Application dated

8.9.2020

seeking the following Orders:

1. That this Application be certified urgent and service thereof be dispensed with in the first instance.

2. That temporary Orders of stay of proceedings be granted pending hearing and determination of this Application.

3. That the Claimant’s case be re-opened in order for the Claimant to produce additional documents and for cross-examination of the Claimant.

4. That in the alternative, the Claimant be granted leave to attach the documents to her written submissions.

5. That this Honourable Tribunal to grant any other alternative order(s) it deems fit.

6. That costs of this Application be in the cause.

Its based on the grounds on the face of the Application and supported by the Affidavit of

Naomi Waeni Ndivo

deponed on

8.9.2020.

The Application is opposed vide the Replying Affidavit of the

Alfred Polo

deponed on

13.10.2020.

The Application was ordered to be dispensed with by way of written submissions, the Applicant filed written submissions on

11.2.2021

and Respondent on

30.3.21.

The gist of the Application is that the Claimant/Applicant seeks to re-open their case to file and serve further documents. The Respondents in their written submissions are agreeable to re-opening of the case to adduce more documents subject to the decision of the Tribunal.

We have carefully considered the Application and note that both parties are agreeable to re-opening of their cases to enable them file and serve additional documents.

We therefore order as follows:

1. The parties are granted leave to re-open their cases, and to file and serve their Witness Statements and documents within 30 days herein. Matter to be heard a fresh.

2. Costs of the Application to be in the cause.

3. Mention for compliance and Pre-trial directions on 16.11.2021.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 2

ND

DAY OF SEPTEMBER, 2021

.

Hon. B. Kimemia Chairperson Signed 2.9.2021

Hon. J. Mwatsama Deputy Chairperson Signed 2.9.2021

Mr. Gitonga Kamiti Member Signed 2.9.2021

Mr. B. Akusala Member Signed 2.9.2021

Tribunal Clerk R. Leweri

Miss Maina holding brief for Mbigi for Claimant/Applicant

Mbuthia |Advocate for Respondent: Present

Hon. B. Kimemia Chairperson Signed 2.9.2021