Stephen Munyoki Nyamai v Regency Sacco Society Limited [2019] KECPT 58 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 58
- Citation
- [2019] KECPT 58 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent's application to set aside stay of execution dismissed; claimant's application for arrest of officials grantedCoramB.Kimemia, R.Mwambura, P.Swanya
Holding
The officials are capable of being arrested and committed to civil jail for the debts of the society
Facts
Claimant filed a suit for refund of share contributions amounting to Kshs. 231,040. Judgment was entered on 24.1.2019. Respondent filed an application to set aside the stay of execution, which was dismissed with costs. Claimant's application for warrant of arrest against officials was granted.
Issues
- Whether officials are personally liable to pay the judgment amount
- Whether the respondent is facing financial constraints
Reasoning
The management committee is the governing body and is capable of being arrested for the debts of the society. The claimant is entitled to the fruits of the judgment issued.
Outcome
Application granted; warrant of arrest issued against officials
Orders
- Warrant of arrest to issue against JOSEPH KIBANGENDI, MARY ONDIEKI, SAMMY SAMBU and CLEMENT ONYANGO
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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