Pcea Kandara Parish Sacco Society Limited v John Migwi Mwaura [2021] KECPT 603 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 603
- Citation
- [2021] KECPT 603 (KLR)
- Decided
- 27 May 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCo-operative Tribunal CasePostureAppeal from an interlocutory judgmentCoramHon. B. Kimemia, Hon. J. Mwatsama, Mr. P. Gichuki
Holding
The judgment debtor is liable to pay the amount being sought and the Sacco may proceed to execute the decretal amount as per the Notice to Show Cause.
Facts
The Claimant (Sacco) sought to recover Kshs.284,310.00 from the Respondent (Mwaura) for a loan he took of which remains unpaid. Mwaura claimed he had made some payments and that his motor vehicle was used as collateral, but the Sacco denied these claims.
Issues
- Whether the judgment debtor is liable to pay the amount being sought.
- What happens in default of payment?
Reasoning
The judgment debtor has not provided proof of payment other than a small portion of the loan. The motor vehicle claimed as collateral was not registered in his name and was not in the Sacco's possession.
Outcome
Judgment in favor of the Sacco
Orders
- Execution of the decretal amount as per the Notice to Show Cause dated 4.10.2018
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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