STEPS TO FOLLOW WHEN FILING A SUIT AT THE CO-OPERATIVE TRIBUNAL

The customer or the claimant reports the problem at the Tribunal Registry. If the problem is a dispute, the customer is advised and shown how to prepare a statement of claim or plaint as it is called in other courts.

NB:   The customer is advised to produce 7 (seven) copies of the plaint and 3 copies of the summons.

After the customer has prepared the plaint or statement of claim, the claim is accessed depending on the following.

  1. Amount of the money claimed
  2. Number of prayers in the claim

NB: the formula used to calculate the filing fees is shown below;
P- Principle amount claimed.
(P-6,000) x 2/100 + 780 + 100 = F/Fs

Amount charged per prayer is ksh. 1,000/= ( one thousand only.)

The following are the common charges at our registry:-

  1. Defence                                -50/=
  2. Memo of appearance         -50/=
  3. All affidavits                        -50/=
  4. Chamber summons            -300/=
  5. Decrees                                -300/=
  6. Warrant of execution         -875/=
  7. Notice to show cause          -275/=
  8. Adjournment fee                 -300/=
  9. Appointment of advocate   -50/=
  10. Filing of a document           -100/=

After the document is assessed, the customer is shown the cash office for
payment. In cash office the customer is served quickly in less than 5 minutes and given a receipt to confirm payment.

After payment, the claim/plaint is returned to the registry for stamping and filing where the summons is taken to the authorized officer to sign. i.e. Chairman, Deputy Chairman or the Secretary to the Co-operative tribunal. This does not take long. The customer is advised to serve the Respondent or a Court process server on an agreed fees to serve the summons on behalf of the Claimant. In return the court process server will return an affidavit of service to the court. The Claimant is advised to wait for 15 working days to see whether there will be any response from the Respondent.

After the expiry of 15 days, the customer returns to the registry for further advice.

  1. If the Respondent has filed a defence, the customer is advised to call the
    Respondent with a letter to come to court together to get a suitable date for them to settle the claim.
  2. If the Respondent has filed a memo of appearance the Claimant is advised to wait for another 15 days.
  3. If the Respondent has not responded, the Claimant can request for judgement with a fee of kshs.150.00

When all of this has been done the cases are heard and judgement entered a
decree is drawn for a fee of kshs.300.00. After the decree has been signed, the Claimant further pays kshs. 875.00 for warrants of execution.

NB: When the Respondent does not have assets to be attached, the Claimant can be advised to request for notice to show cause why the Respondent cannot be put in a Civil Jail. Currently warrants of arrest and warrants to the officer in charge of prison are signed and the Claimant commits him/herself to pay kshs. 1,800.00 per month for the upkeep of the Respondent at the
prison.

If the Claimant or the customer or Respondent is not satisfied with the ruling or judgement, he/she can appeal in High Court.

 

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