Kenya Union of Savings & Credit Co-Operative Society [Kusco] v Kencom Co-Operatives Savings & Credit Society Ltd & another [2021] KECPT 239 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 239
- Citation
- [2021] KECPT 239 (KLR)
- Decided
- 2 September 2021
AI Summary
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TypeCivilPostureAppeal from a decision of the Co-operative TribunalCoramHon. B. Kimemia, Hon. J. Mwatsama, Mr. Gitonga Kamiti, Mr. B. Akusala
Holding
The Claimant's Application is dismissed with costs.
Facts
The Claimant filed a Statement of Claim and an Application for judgment on admission. The Claimant sought Kshs. 183,000,000/= on the grounds of admission, while the original claim was for Kshs. 246,829,584/=. The 1st Respondent admitted liability for Kshs. 246,829,584/=. The Claimant's Application was dismissed with costs.
Issues
- Clarity of pleadings
- Explanation of the amount prayed for
Reasoning
The Tribunal found the pleadings unclear and unable to make a judgment due to inconsistencies. The Claimant did not explain why the amount prayed for was Kshs. 183,000,000/=. The 1st Respondent admitted liability for Kshs. 246,829,584/=. The Claimant's Application was dismissed.
Outcome
Dismissed
Orders
- Application dismissed with costs
- Matter to proceed to full hearing
- Parties to file and exchange witness statements and documents within 30 days
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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