Peter Njagi Ngoroi v Daima Sacco Society Limited & another [2021] KECPT 532 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 532
- Citation
- [2021] KECPT 532 (KLR)
- Decided
- 25 March 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision of the Co-operative TribunalCoramHon. B. Kimemia, Hon. Jane Mwatsama, Mr. P. Gichuki
Holding
The Court dismisses the Claimant's Application with costs to the 1st Respondent.
Facts
The Claimant, Peter Njagi Ngoroi, took a business loan with the 1st Respondent, Daima Sacco Society Limited, in 2016. He used the loan to tender for work given by the County Government of Embu. The government did not pay him for the work until now, and he is unable to service the loan. The Claimant now seeks a temporary injunction against the Respondents to prevent the sale of his property, GATURI/WERU/5169, by public auction.
Issues
- Whether the Claimant has established a proper basis to warrant the grant of an Order of a temporary injunction.
- Who should meet the costs of the Application.
Reasoning
The Court finds that the Claimant has not established a prima facie case with a probability of success, as he has defaulted in repayment of the loan and cannot borrow the money to repay it.
Outcome
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.
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