Kitui Teachers DT Sacco v Kimanzi & 2 others (Tribunal Case 564.E565 of 2023) [2025] KECOPT 576 (KLR) (Civ) (4 December 2025) (Judgment)
- Court
- Copyright Tribunal
- Case number
- 576
- Citation
- [2025] KECOPT 576 (KLR)
- Decided
- 4 December 2025
The Respondents owe the Claimant Kshs. 511,273/= plus interest, and the Claimant is awarded costs.
Facts
Kitui Teachers DT Sacco loaned Kshs. 2,070,000/= to Mwongeli self Help Group. The loan was partially repaid, leaving an outstanding balance of Kshs. 2,068,024.32/=. The Sacco filed a suit for repayment, but the Respondents claimed a savings of Kshs. 740,935/=. The Tribunal found the Respondents owed Kshs. 1,252,213/=. The Sacco also claimed interest and costs.
Issues
- Outstanding loan balance
- Exhaustion of recovery mechanisms
- Responsibility for charging security
Reasoning
The Tribunal found the Respondents owed the loan balance after examining the documents. The Claimant did not fully adhere to the loan agreement conditions and did not charge the securities as expected. The Respondents had a savings that was not denied by the Claimant.
Outcome
Appeal dismissed, 30 days stay of execution granted
Orders
- 30 days stay of execution granted
Remedies
- Respondent to repay Kshs. 511,273/= plus interest
- Costs awarded to Claimant
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