PCEA Kandara Parish Sacco Society Limited v Charles Rubia Kimani [2021] KECPT 620 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 620
- Citation
- [2021] KECPT 620 (KLR)
- Decided
- 27 May 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCo-operative DisputePostureAppeal from an interlocutory judgmentCoramHon. B. Kimemia, Hon. J. Mwatsama, Mr. P. Gichuki
Holding
The Judgment Debtor is not being truthful about the amount owing and the Judgment Creditor may proceed to execute the decretal amount.
Facts
The Respondent (Judgment Debtor) disputed the amount owed and claimed he was unaware of the judgment and the loan until he was served with a proclamation notice. He stated he had paid Kshs.55,064/= in 2019.
Issues
- Whether the judgment debtor is liable to pay the amount being sought.
- What happens in default of payment?
Reasoning
The Respondent did not provide proof of payment and was not truthful about the amount owed. The Judgment Debtor has not shown cause why execution should not issue.
Outcome
Judgment Creditor's claim for the amount being sought and costs is upheld.
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.
Loading judgment…