Wamalwa & 7 others v Momanyi (Tribunal Case E939 of 2022) [2026] KECOPT 15 (KLR) (4 February 2026) (Judgment)
- Court
- Copyright Tribunal
- Case number
- 15
- Citation
- [2026] KECOPT 15 (KLR)
- Decided
- 4 February 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLoan DisputePostureAppeal from a previous decisionCoramHon. J. Mwatsama- Ag. Chairperson, Hon. F. Lotuiya- Member, Hon. M. Chesikaw- Member, Hon. P. Aol- Member
Holding
The Plaintiffs' claim succeeds and judgement is entered in their favour
Facts
The Respondent applied for a loan of Kshs. 5,300,000/=, which the Plaintiffs guaranteed. When the Respondent defaulted, Stima Sacco deducted Kshs. 4,546,323/= from the Plaintiffs' accounts, leading to the filing of this suit.
Issues
- Whether the Plaintiffs are entitled to recover the deducted amount and interest
- Whether the Respondent defaulted on the loan
Reasoning
The Plaintiffs are not in contention that the Respondent applied for the loan and they were his guarantors. The Respondent defaulted on the loan, causing the Plaintiffs to suffer a loss.
Outcome
Judgment in favour of the Plaintiffs
Orders
- 30 days stay of execution granted
Remedies
- Recovery of the deducted amount and interest
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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