Chai Sacco Society Ltd v Nyareru & 9 others (Tribunal Case E1015 of 2022) [2026] KECOPT 89 (KLR) (10 February 2026) (Ruling)
- Court
- Copyright Tribunal
- Case number
- 89
- Citation
- [2026] KECOPT 89 (KLR)
- Decided
- 10 February 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a summary judgmentCoramHON. J MWATSAMA, AG CHAIR, HON. PO AOL
Holding
The Respondent's application to set aside the judgment is allowed, and the summary judgment is set aside. The Respondent is ordered to pay costs and to file their defence.
Facts
The Claimant, Chai Sacco Society Ltd, sought a summary judgment against the Respondent, Naftal Nyaberi Nyareru, and other interested parties. The Respondent claimed he was not served with the summons and sought to set aside the judgment.
Issues
- Whether the Respondent was served with the summons
- Whether the Respondent is entitled to set aside the judgment
Reasoning
The Respondent was not served with the summons via the email he claimed, but the summons was served to his wife, Esther, who is not disputing ownership of the shop. The loan was fully repaid, and the Respondent's denial of the loan is a triable issue.
Outcome
Appeal allowed
Orders
- Notice of Motion Application dated 31st July 2025 is allowed
- Summary judgment entered on 21st September 2023 is hereby set aside
- Respondent is ordered to pay costs of Ksh. 15,000 within 14 days of this ruling
- Respondent to file their defences and other requisite documents within 14 days of this Ruling
- Costs be in the cause
- Matter for Pre-trial Direction on 20.4.2026. Notice to issue
Remedies
- Set aside summary judgment
- Pay costs of Ksh. 15,000
- File defences and documents within 14 days
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Patel v E.A. Cargo Handling Services Ltd (1975) EA 75
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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