Lucy Moraa Sure v Orient Sacco Society Limited [2021] KECPT 279 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 279
- Citation
- [2021] KECPT 279 (KLR)
- Decided
- 2 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent's Application to strike out Memorandum of Response and seek Summary JudgmentCoramHon., KLR. Madan
Holding
The Respondent's Memorandum of Response does not raise triable issues and the denial of owing the amount is not valid.
Facts
Claimant (Lucy Moraa Sure) seeks Kshs.456,000/= from Respondent (Orient Sacco Society Limited) for unpaid deposits. Respondent denies owing the amount and claims fictitious dividends were paid to members, including the Claimant.
Issues
- Whether the Respondent's Memorandum of Response raises triable issues
- Whether the Respondent's denial of owing the amount is valid
Reasoning
The court finds the Respondent's denial of owing the amount is not valid and the Memorandum of Response does not raise triable issues.
Outcome
The Application is dismissed and the Memorandum of Response is not struck out.
Orders
- Summary Judgment not entered against the Respondent
- Memorandum of Response not struck out
Remedies
- None
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order 13 Rule 2
Cases cited (3)
- DT Dobie & company (Kenya) Limited - vs- Joseph Mbaria Muchina and Another CA 37 of 1978 [1980]eKLR
- Transcend Media Group Limited - vs- IEBC[2015] eKLR
- National Bank of Kenya - vs- Daniel Opande Asnani[2002] eKLR
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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