James Kariuki v Simon Gitahi Kariuki & 3 others [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
July 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of James Kariuki v Simon Gitahi Kariuki & 3 others [2020] eKLR, examining key legal principles and outcomes. Stay informed on this pivotal judgment.

Case Brief: James Kariuki v Simon Gitahi Kariuki & 3 others [2020] eKLR

1. Case Information:
- Name of the Case: James Kariuki v. Simon Gitahi Kariuki & Others
- Case Number: Tribunal Case No. 242 of 2016
- Court: Co-operative Tribunal at Nairobi
- Date Delivered: 23rd July 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 court must resolve whether the 1st and 3rd Respondents have established a proper basis for the Tribunal to review the Judgment delivered on September 19, 2017, and who should bear the costs of the Application.

3. Facts of the Case:
The Claimant, James Kariuki, initiated the case against Simon Gitahi Kariuki (1st Respondent), Simon Mwangi Kariuki (2nd Respondent), James Karibu (3rd Respondent), and John Magu (4th Respondent). The 1st and 3rd Respondents filed an Application seeking a stay of execution of the Tribunal's previous orders and a review of the Judgment based on newly discovered evidence. They claimed that important matters were not presented during the original hearing, including the voting by members to drop the Co-operative Society and the ownership of the suit property. The Claimant opposed this Application, asserting that the Respondents had contravened the Co-operative Society Act and that the Tribunal lacked jurisdiction to review the order.

4. Procedural History:
The 1st and 3rd Respondents filed their Application on January 9, 2019, supported by an affidavit from the 2nd Respondent. The Claimant responded with a Notice of Preliminary Objection on July 12, 2019. The Tribunal directed that the Application be canvassed through written submissions, which were filed by both parties in 2019 and 2020.

5. Analysis:
- Rules: The Tribunal reviewed the Application under Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules, which allow for a review based on the discovery of new and important evidence or a mistake apparent on the record.
- Case Law: The court referenced several cases, including *Francis Njoroge v. Stephen Maina Kanure [2018] eKLR*, which outlines that a review can only be granted on specific grounds such as the discovery of new evidence or a mistake. The case of *Panara T. Swai v. Kenya Breweries Ltd [2014] eKLR* emphasized that the evidence must not have been within the applicant's knowledge at the time of the original hearing.
- Application: The Tribunal concluded that the 1st and 3rd Respondents did not present new evidence that was unavailable during the original proceedings. The evidence they sought to introduce was already known and presented in the original case. Thus, their Application was viewed as an attempt to re-litigate the matter rather than a legitimate request for review.

6. Conclusion:
The Tribunal dismissed the Application for review, finding no merit in the claims of newly discovered evidence. The Notice of Preliminary Objection was upheld in part, confirming that the Respondents had not adhered to the procedural requirements for appeals and reviews.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The Co-operative Tribunal ruled against the 1st and 3rd Respondents, affirming the validity of the previous Judgment and denying their request for review. The ruling underscores the importance of presenting all relevant evidence during initial hearings and clarifies the stringent requirements for obtaining a review of a Tribunal's decision. This case highlights the challenges parties face when seeking to overturn prior judgments based on claims of new evidence.

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