Kihoro v Gitogo (Tribunal Case 520 of 2021) [2023] KECPT 72 (KLR) (28 February 2023) (Judgment)
- Court
- Co-operative Tribunal
- Case number
- 72
- Citation
- [2023] KECPT 72 (KLR)
- Decided
- 28 February 2023
AI Summary
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TypeTribunal CasePostureClaimant v RespondentCoramHON. BEATRICE KIMEMIA, HON. J. MWATSAMA, M. MBENEKA
Holding
We find in favor of the Claimant for Kshs 781,994 plus costs and interest in the suit.
Facts
Claimant David Wainaina Kihoro and Respondent John Kihunyu Gitogo are members of Farmnut Savings and Credit Co-operative Society Ltd. Respondent applied for a loan of Kshs 3.8 million, with Claimant as a guarantor. Respondent defaulted, and Claimant's savings were used to pay the loan. Claimant sought refund and damages.
Issues
- Whether the Claimant is entitled for his refund from the Respondent
Reasoning
The Respondent had a duty to pay the loan and not be negligent. As a guarantor, Claimant's responsibility was to ensure the loan facility was serviced, not to assume the principal responsibility. The Respondent's default left the burden on the Claimant.
Outcome
In favor of the Claimant
Remedies
- Kshs 781,994 plus costs and interest in the suit
Authorities cited
Cases cited (1)
- HCC No 573 of 2011 Talewa Road Contractors Ltd and Another –vs- Jaim Bosa Charitable Trust Regustered Trustees and Another
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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