Jacob Kyalo Matingi v Muka Mukuu Farmers Co-operative Society Limited & another [2020] eKLR Case Summary

Court
Co-operative Tribunal at Nairobi
Category
Civil
Judge(s)
Hon. B. Kimemia (Chairman), Hon. F. Terer (Deputy Chairman), P. Gichuki (Member)
Judgment Date
April 09, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Jacob Kyalo Matingi v Muka Mukuu Farmers Co-operative Society Limited & another [2020] eKLR case summary, highlighting key legal principles and outcomes in this important judgment.

Case Brief: Jacob Kyalo Matingi v Muka Mukuu Farmers Co-operative Society Limited & another [2020] eKLR

1. Case Information:
- Name of the Case: Jacob Kyalo Matingi v. Muka Mukuu Farmers Co-operative Society Limited & Simon Kangiri Mutema
- Case Number: Tribunal Case No. 418 of 2017
- Court: Co-operative Tribunal, Nairobi
- Date Delivered: April 9, 2020
- Category of Law: Civil
- Judge(s): Hon. B. Kimemia (Chairman), Hon. F. Terer (Deputy Chairman), P. Gichuki (Member)
- Country: Kenya

2. Questions Presented:
The central legal issues for resolution by the tribunal include:
a. Whether the 1st Respondent has established sufficient grounds to warrant a review or setting aside of the judgment delivered on October 4, 2018.
b. Determination of who should bear the costs of the application.

3. Facts of the Case:
The claimant, Jacob Kyalo Matingi, initiated the proceedings against the Muka Mukuu Farmers Co-operative Society Limited (1st Respondent) and Simon Kangiri Mutema (2nd Respondent) through a statement of claim dated June 6, 2017. The 1st Respondent did not respond within the stipulated time, leading to a default judgment in favor of the claimant on October 4, 2018. The 1st Respondent later contested the tribunal's jurisdiction over the matter, asserting that the dispute pertained to land ownership, which falls under the jurisdiction of the Environment and Land Court.

4. Procedural History:
The case progressed as follows:
- The claimant filed a statement of claim on June 6, 2017.
- The 1st Respondent filed an application on September 25, 2017, seeking to defend the claim, which was dismissed on December 11, 2017.
- After the default judgment on October 4, 2018, the 1st Respondent filed two applications: one on February 17, 2019, which became spent, and another on June 27, 2019, which sought to stay execution and review the earlier judgment.

5. Analysis:
- Rules: The tribunal considered the relevant provisions under section 80 of the Civil Procedure Act (Cap 21) and Order 45 of the Civil Procedure Rules, which outline the conditions for reviewing a judgment, including the discovery of new evidence or an error apparent on the record.
- Case Law: The tribunal referenced several key cases:
- *Paul Mutua Mutwiwa v. Kimeu Kyumbu & Two Others [2014] eKLR* - addressed jurisdictional issues.
- *Toratio Nyang’au & 4 Others v. Lietego FCS Limited (2011) eKLR* - relevant for understanding the scope of tribunal jurisdiction.
- *D.T. Dobie and Company Limited v. Muchina (1982) KLR* - discussed principles of justice in tribunal proceedings.
- *Cecilia Karuru Ngayu v. Barclays Bank of Kenya and Another (2016) eKLR* - highlighted procedural fairness in tribunal decisions.
- Application: The tribunal found that the 1st Respondent's arguments regarding lack of jurisdiction did not meet the established criteria for a review. The tribunal noted that the issue of jurisdiction was a substantive legal point that could not be addressed through a review application, especially since the 1st Respondent had previously admitted to the tribunal's jurisdiction.

6. Conclusion:
The tribunal dismissed the 1st Respondent's application dated June 27, 2019, determining it lacked merit and ordered costs to be borne by the 1st Respondent. This ruling affirmed the tribunal's jurisdiction and the validity of the initial judgment.

7. Dissent:
There were no dissenting opinions recorded in this case.

8. Summary:
The Co-operative Tribunal ruled in favor of the claimant, Jacob Kyalo Matingi, dismissing the 1st Respondent's application to review the judgment delivered on October 4, 2018. The decision underscored the tribunal's jurisdiction over cooperative disputes and clarified the procedural requirements for seeking a review of its judgments. The ruling has implications for future cases regarding jurisdictional challenges and the standards for reviewing tribunal decisions in Kenya.

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