Elisha Mbogo Nthiga v United Nations Sacco Society Limited [2021] KECPT 592 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 592
- Citation
- [2021] KECPT 592 (KLR)
- Decided
- 25 March 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent opposed the ApplicationCoramHON. B. KIMEMIA, HON. JANE MWATSAMA, MR. P. GICHUKI
Holding
The Court granted a temporary injunction restraining the Respondents, agents, servants, and/or any other person claiming through it from attaching shares, attaching salaries, harassing, and/or interfering with the Claimant's guarantors pending hearing and determination of this Application.
Facts
The Claimant, Elisha Mbogo Nthiga, is a guarantor for a loan of Kshs.4,950,000/=. The Respondent, United Nations Sacco Society Limited, issued a Notice to attach the deposits of the Claimant's guarantors.
Issues
- Whether the Claimant has established a proper basis to warrant the grant of an order of temporary injunction
- Who should meet the costs of the Application
Reasoning
The court found that the Claimant had not defaulted in repayment of the loan and that the Respondent's actions were uncalled for, unconstitutional, and malicious.
Outcome
The Court granted the temporary injunction.
Orders
- Temporary injunction restraining the Respondents, agents, servants, and/or any other person claiming through it from attaching shares, attaching salaries, harassing, and/or interfering with the Claimant's guarantors pending hearing and determination of this Application.
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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