Esther C. Kerelon v Stima Sacco Society Limited [2021] KECPT 612 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 612
- Citation
- [2021] KECPT 612 (KLR)
- Decided
- 7 January 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent's appeal from a decision of the Co-operative Tribunal
Holding
The Tribunal grants the temporary injunction.
Facts
The Claimant, Esther C. Kerelon, alleges that the Respondent, Stima Sacco Society Limited, took out loans using her name between 2006 and 2017 by forging loan application forms. The Claimant seeks a temporary injunction and other orders.
Issues
- Whether the Claimant has established a proper basis to warrant the grant of an Order of a temporary injunction.
- Who should meet the costs of the Application.
Reasoning
The Tribunal found that the Claimant has established a prima facie case with a probability of success, irreparable damage, and balance of convenience.
Outcome
The Tribunal grants the temporary injunction.
Orders
- Issue a stay of deduction and/or a temporary injunction restraining the Respondent from transferring or deducting the Claimant’s salary.
- Issue an order against the Respondent to produce the Applicant’s Original loan Application forms from the year 2006 to 2017.
- Issue an order against the Respondent to produce the Applicant’s original loan statements from the year 2006-2017.
- Issue an order against the Respondent to produce the Applicant’s original member statements from the year 2006 to 2017.
- Issue an order against the Respondent to produce the Applicant’s Deposit contribution statements from 1994 to date.
Remedies
- Temporary injunction to restrain the Respondent from transferring or deducting the Claimant’s salary.
- Production of loan application forms, loan statements, and member statements.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Order 40, Rule 1
Cases cited (2)
- Giella v Cassman Brown
- Mrao Limited v First American Bank of Kenya Limited
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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