Case ID:182239

Eastleigh Route Sacco Limited v Evans Njoroge Ihura [2021] eKLR

Case Metadata

Case Number:

Tribunal Case 13 of 2021

Parties:

Eastleigh Route Sacco Limited v Evans Njoroge Ihura

Date Delivered:

02 Sep 2021

Case Class:

Civil

Court:

Cooperative Tribunal

Case Action:

Ruling

Judge(s):

Hon. B. Kimemia Chairperson, Hon. J. Mwatsama Deputy Chairperson, Mr. Gitonga Kamiti Member & Mr. B. Akusala Member

Citation:

Eastleigh Route Sacco Limited v Evans Njoroge Ihura [2021] eKLR

Court Division:

Tribunal

County:

Nairobi

Case Outcome:

Application dismissed

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.13 OF 2021

EASTLEIGH ROUTE SACCO LIMITED............................CLAIMANT

VERSUS

EVANS NJOROGE IHURA...............................................RESPONDENT

RULING

The matter for determination is as Notice of Motion Application dated

31.3.2021

filed on

14.4.2021

seeking the following prayers:

1. That the Respondent’s Statement of Defence dated 25

th

February, 2021 be struck out.

2. That this Honourable Court be pleased to enter summary judgment for the Claimant/Applicant against the Respondent herein as prayed in the Statement of Claim plus costs and interest thereof.

3. That the Defendant/Respondent do pay the costs of this Application.

4. That this Honourable court be pleased to issue any other relief that it may deem fit.

And the grounds on the face of the Application is supported by Affidavit of

Patrick Kinyua.

The same is opposed vide the Replying Affidavit of

Evans Njoroge

filed on

10.5.2021.

The Application was ordered to be dispensed with by way of written submissions. The Claimant filed written submissions on

16.6.2021

while the Respondent filed on

8.6.2021.

The gist of the Application is that the Claimant prays for the Defence of the Respondent be dismissed and summary judgment be entered in favour of the Claimant.

We have carefully considered the written submissions of the parties. We note the issues raised in the claim and the Defence. The claim is based on a loan default, the defence has denied the said loan and hence the matter needs to be determined by the Tribunal. It is trite law that summary judgment should be given only in the clearest cases.

In

DT Dobie & Company Limited - vs- Muchina [1982] KLR 1

, it was held that no suit ought to be summarily dismissed unless it appear so hopeless that it plainly and discloses no reasonable cause of action and is so weak as to be beyond redemption. We note that in this matter, the parties should present their evidence so that the issues raised may be determined by the Tribunal.

In the circumstances therefore,

1. We find that the Application dated 31.3.2021 has no merits and dismiss the same with costs.

2. The parties to file and serve their Witness Statements and documents within 30 days herein.

3. Mention on 10.11.2021. Notice to issue.

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

Mr. Getange advocate for Claimant/Applicant present

No appearance for Respondent

Hon. B. Kimemia Chairperson Signed 2.9.2021