Samuel Kimondo Maingi v Telepost Sacco [2021] KECPT 542 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 542
- Citation
- [2021] KECPT 542 (KLR)
- Decided
- 27 May 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a lower court judgmentCoramHon. B. Kimemia, Hon. J. Mwatsama, Mr. Gitonga Kamiti
Holding
Judgment on admission is entered in favor of the Claimant for Kshs.159,200/= plus costs and interest.
Facts
The Claimant is a member of Teleposta Sacco Society Limited and seeks a refund of his shares, claiming an amount of Kshs.159,200/=.
Issues
- Whether the Claimant's application for judgment on admission should be granted
- Whether the Claimant has established a proper basis for the grant of the orders sought
- Who should meet the costs of the Application
Reasoning
The Tribunal found that the Respondent had not yet refused to refund the deposit to the Claimant, and payments were being made on a first-in-first-out basis.
Outcome
Judgment in favor of the Claimant
Orders
- Judgment on admission for Kshs.159,200/= plus costs and interest
Remedies
- Judgment on admission for Kshs.159,200/= plus costs and interest
Authorities cited
Legislation (1)
- Order 13 Rule 2 Civil Procedure Rules, 2010
Cases cited (1)
- Cassman vs Sachania (1982) KLR 191
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.
Loading judgment…