Mohamed Sheikhdini & 7 others v Vipingo Sacco Society Limited [2020] eKLR Case Summary

Court
Co-operative Tribunal at Mombasa
Category
Civil
Judge(s)
Hon. B. Kimemia (Chairman), Hon. F. Terer (Deputy Chairman), P. Swanya (Member)
Judgment Date
February 26, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the key highlights of Mohamed Sheikhdini & 7 others v Vipingo Sacco Society Limited [2020] eKLR case. Discover insights on legal principles and implications from this significant judgment.


Case Brief: Mohamed Sheikhdini & 7 others v Vipingo Sacco Society Limited [2020] eKLR

1. Case Information:
- Name of the Case: Mohamed Sheikhdini & 7 Others v. Vipingo Sacco Society Limited
- Case Number: Tribunal Case No. 338 of 2017
- Court: Co-operative Tribunal at Mombasa
- Date Delivered: 26th February 2020
- Category of Law: Civil
- Judge(s): Hon. B. Kimemia (Chairman), Hon. F. Terer (Deputy Chairman), P. Swanya (Member)
- Country: Kenya

2. Questions Presented:
The court must resolve the following central legal issues:
- Whether the Respondent has established a proper basis for reviewing the judgment delivered on 26th July 2019.
- What orders are available under the circumstances presented by the Respondent's application.

3. Facts of the Case:
The Claimants, led by Mohamed Sheikhdini, filed a claim against Vipingo Sacco Society Limited, seeking payment of a decretal sum of Kshs. 553,125 and costs. The Tribunal ruled in favor of the Claimants on 26th July 2019, ordering the Respondent to pay the decretal amount. The Respondent subsequently filed an application on 28th August 2019, seeking to stay execution of the judgment, review the judgment, and allow for payment of the decretal amount in monthly installments.

4. Procedural History:
Following the Tribunal's judgment on 26th July 2019, the Respondent filed an application on 28th August 2019, requesting urgent consideration and a stay of execution. The Claimants opposed the application, arguing it was an abuse of court process. The Tribunal conducted hearings and ultimately delivered its ruling on 26th February 2020, addressing the Respondent's requests and the Claimants' responses.

5. Analysis:
- Rules: The Tribunal referenced Section 80 of the Civil Procedure Act (Cap 21) of the Laws of Kenya and Order 45 of the Civil Procedure Rules, which govern the grounds for reviewing judgments, including discovery of new evidence, apparent mistakes, or sufficient reason.
- Case Law: The Tribunal did not cite specific case law but relied on the statutory provisions for judgment review. The principles of review were evaluated against the Respondent's application.
- Application: The Tribunal concluded that the Respondent did not meet the required grounds for a review of the judgment. However, it allowed the Respondent to pay the decretal amount in monthly installments of Kshs. 46,093.75, as the Claimant did not oppose this proposal. The Tribunal emphasized that other aspects of the application, such as dividend distribution and management issues, were already addressed in the prior judgment.

6. Conclusion:
The Tribunal ruled that the Respondent could settle the decretal amount through monthly installments but did not permit a review of the original judgment. The ruling underscored the importance of adhering to established legal principles regarding judgment review and indicated that the Respondent would bear the costs of the application due to its unnecessary filing.

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

8. Summary:
The Co-operative Tribunal at Mombasa ruled in favor of allowing the Respondent, Vipingo Sacco Society Limited, to pay the decretal sum in installments while denying the request for a review of the judgment. The decision highlights the Tribunal's commitment to ensuring compliance with legal standards for judgment review and the importance of procedural integrity in civil matters. The ruling also emphasizes the willingness of the Tribunal to facilitate payment arrangements in cases where the Claimant is amenable to such terms.

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