Safaricom Savings & Credit Co-operative Society Ltd v Macakiage (Tribunal Case 368 (E173) of 2021) [2023] KECPT 63 (KLR) (16 February 2023) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 63
- Citation
- [2023] KECPT 63 (KLR)
- Decided
- 16 February 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureClaimant v RespondentCoramMjeni Mwatsama, Maria Mbeneka, Gitonga Kamiti
Holding
The Court allows the application and orders a prohibitory order against Macakiage, registers the order against the title at the Kiambu Lands Registry, and awards costs to the Claimant.
Facts
Safaricom Savings & Credit Co-operative Society Ltd filed an application seeking a prohibitory order against Tom Onyango Macakiage regarding LR No KABETE/KIBICHIKO/3826 property in Kiambu. Macakiage had moved the property and was transferring it to defeat execution.
Issues
- Issuance of a prohibitory order against Macakiage to prevent sale, transfer, charging, or dealing of the property.
- Registration of the prohibitory order against the title at the Kiambu Lands Registry.
- Award of costs to the Claimant.
Reasoning
The Court found that Macakiage had moved the property to defeat execution and was transferring it to defeat execution. The Court granted the prohibitory order to prevent such actions.
Outcome
Claimant's application granted
Orders
- Prohibitory order against Macakiage to prevent sale, transfer, charging, or dealing of the property.
- Prohibitory order registered against the title at the Kiambu Lands Registry.
- Award of costs to the Claimant.
Remedies
- Prohibitory order against Macakiage.
- Registration of the prohibitory order against the title at the Kiambu Lands Registry.
- Award of costs to the Claimant.
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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