Nicholas Simiyu Maikuma & 2 others v Shadrack Kipyatich Jonathan [2021] KECPT 608 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 608
- Citation
- [2021] KECPT 608 (KLR)
- Decided
- 25 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal ApplicationPostureRespondent's Application to strike off Claimants' claim and seek damagesCoramHon. B. Kimemia, Hon. Jane Mwatsama, Mr. P. Gichuki
Holding
The Tribunal dismisses the Application with costs to the Claimants
Facts
The Respondent claims the Claimants approached him to guarantee a loan of Kshs.95,000/=, but the Claimants deny borrowing the loan. The Respondent alleges the statement of claim is fatally defective.
Issues
- Whether the Tribunal has jurisdiction to grant the orders sought
- Who should meet the costs of the application
Reasoning
The matters referred to in the Application have since been determined in a previous judgment, rendering the current Application non-starter.
Outcome
Dismissed
Orders
- The Application is dismissed with costs to the Claimants
Authorities cited
Cases cited (1)
- In the owners of the Motor vessel Lilian "S" –vs- Caltex oil (Kenya) Limited [1989]KLR1
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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