Francis Kabugu Maku v Muki Sacco Limited & another [2021] KECPT 256 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 256
- Citation
- [2021] KECPT 256 (KLR)
The court finds that the claimant may suffer more if the public auction takes place, and thus cannot grant the full injunction sought. The court orders the setting aside of the public auction notice, the furnishing of a statement of account by the respondent, and the continuation of loan servicing by the claimant.
Facts
The claimant is the owner of a property and a member of the respondent co-operative. He had loans with Equity Bank and transferred them to the respondent co-operative. The respondent sent him to a surveyor to sign papers as an agent to register documents at the lands office. The claimant was selling a piece of land to repay his loan.
Issues
- Whether the respondent can proceed with a public auction of the claimant's property
- Whether the claimant can be granted an injunction to stop the public auction
Reasoning
The court considers the comparative mischief of withholding the injunction versus granting it, and finds that withholding the injunction is more beneficial to the claimant.
Outcome
The court orders the setting aside of the public auction notice, the furnishing of a statement of account by the respondent, and the continuation of loan servicing by the claimant.
Orders
- Setting aside the public auction notice
- Furnishing a statement of account by the respondent
- Continuation of loan servicing by the claimant
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