Simeon Macharia v Sauti Housing Sacco Society Limited [2021] KECPT 527 (KLR)

Facts

The Claimant, Simeon Macharia, seeks specific performance of a contract and refund of deposits and savings from the Respondent, Sauti Housing Sacco Society Limited, regarding a plot and membership.

Issues

1. Whether the Respondent's Notice of Preliminary Objection is meritorious and should succeed
2. Who should meet the costs of the preliminary objection

Reasoning

The court held that the issues raised in the claim are not res judicata and that the Respondent does not have jurisdiction to handle matters relating to the use, occupation, and title to land.

Outcome

The court dismissed the Respondent's Notice of Preliminary Objection.

Authorities cited