Susan Otieno v Lilian Awuor Athoo &4 others [2020] KECPT 15 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 15
- Citation
- [2020] KECPT 15 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision of the Co-operative TribunalCoramHon. B. Kimemia, Hon. F. Terer, Mr. P. Gichuki
Holding
The court finds that the Claimant has not established a prima facie case with a probability of success and dismisses the claim with costs.
Facts
The Claimant, Susan Otieno, has filed an application seeking a temporary injunction to restrain the 4th Respondent (SIR Limited) from further deducting her salary in recovery of loans guaranteed by her to the 1st, 2nd, and 3rd Respondents. The 4th Respondent opposes the application, arguing that the prayer for a temporary injunction is not supported by a prayer for a permanent injunction.
Issues
- Whether the Claimant has established a proper basis to warrant the grant of a temporary injunction.
- Who should meet the costs of the Application.
Reasoning
The court concludes that the Claimant's contention is not supported by a prayer for a permanent injunction and that the application is incompetent.
Outcome
The claim is dismissed with costs.
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.
Loading judgment…