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Muli v Mwala Solidarity Fund for Development Sacco Limited & 4 others (Tribunal Case 744 of 2019) [2023] KECPT 453 (KLR) (Civ) (27 April 2023) (Judgment)

[2023] KECPT 453 (KLR) Co-operative Tribunal
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Court
Co-operative Tribunal
Case number
453
Citation
[2023] KECPT 453 (KLR)
Decided
27 April 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a civil judgmentCoramHon. Beatrice Kimemia, Hon. J. Mwatsama, Hon. Beatrice Sawe, Hon. Fridah Lotuiya, Hon. Philip Gichuki, Hon. Michael Chesikaw, Hon. Paul Aoi
Holding

The Claimant is entitled to a refund of Kshs 106,371/= and costs.

Facts

The Claimant, Mutio Mutiso Muli, was a member of the 1st Respondent, Mwala Solidarity Fund for Development Sacco Limited, and claimed to have lost Kshs 106,371/= due to mismanagement of the Sacco. The Claimant sought a refund and costs.

Issues

  1. Whether the Claimant is entitled for a refund of Kshs 106,371/=
  2. Whether the Respondents have failed to furnish proof of their Statement of Defence

Reasoning

The Claimant provided adequate evidence to support her claim, including payment receipts and other documents. The Respondents failed to file their submissions as directed.

Outcome

Judgment in favor of the Claimant

Orders

  • Payment of Kshs 106,371/= to the Claimant
  • Costs of this suit
  • Interest on the payment at court rates

Remedies

  • Refund of Kshs 106,371/=
  • Costs of the suit
  • Interest on the refund at court rates
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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