Joseph Muriuki Mwaniki v Fortune Sacco Society Limited [2021] KECPT 552 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 552
- Citation
- [2021] KECPT 552 (KLR)
- Decided
- 6 May 2021
The Court finds the Claimant did not owe the Respondent any money and that the sale of his goods in 2011 was sufficient to settle the debt. The Respondent is ordered to have the Claimant's credit listing cleared in the CRB and to provide an accurate account of the proceeds of sale impounded on 18.11.2011.
Facts
Claimant Joseph Muriuki Mwaniki sued the Respondent Fortune Sacco Society Limited for clearing his name from the Credit Reference Bureau (CRB) and for the proceeds of sale of his impounded property. The Claimant alleged he had paid off his loan and was wrongly listed as a defaulting member of the Sacco.
Issues
- Did the Claimant owe the Respondent any money?
- Is the Claimant owed any cash by the Respondent?
- Was it wrong for the Respondent to list the Claimant with CRB?
Reasoning
The Court found the Claimant had paid off his loan and the sale of his goods in 2011 was sufficient to settle the debt. The Respondent's listing of the Claimant as a defaulting member was negligent and in bad taste.
Outcome
In favour of the Claimant
Orders
- An order to the Respondent to have the Claimant's credit listing cleared in the CRB
- Accurate Account of proceeds of sale impounded on 18.11.2011 is not viable
- Costs to the Claimant and interest at court rates
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