Mwai v Noetica Rural Sacco Society Ltd (Tribunal Case 504 of 2014) [2023] KECPT 780 (KLR) (Civ) (31 August 2023) (Judgment)
- Court
- Co-operative Tribunal
- Case number
- 780
- Citation
- [2023] KECPT 780 (KLR)
- Decided
- 31 August 2023
The Tribunal finds in favor of the Claimant, declaring the Notice of Sale unlawful and null and void, and granting the Claimant the discharge and release of the original title deed.
Facts
The Claimant, John Gathu Mwai, avers he was a member of the Respondent, Noetica Rural Sacco Society Ltd, and took a loan of Kshs. 2,000,000/=, which was later used to purchase 5 parcels of land. The Claimant claims he was to be paid a commission of 5% of the purchase price, but the payment was credited to his loan account instead. The Respondent later issued a Notice of Sale, which the Claimant disputes.
Issues
- The validity of the Notice of Sale issued by the Respondent's agents
- The Claimant's entitlement to the original title deed of the property
Reasoning
The Tribunal determined that the Claimant has proved his case on a balance of probabilities, and that no event of default has occurred.
Outcome
In favor of the Claimant
Orders
- Declaration that the Notice of Sale is unlawful and null and void
- Discharge and release of the original title deed to the Claimant
- Costs of the Suit
Remedies
- Declaration that the Notice of Sale is unlawful and null and void
- Discharge and release of the original title deed to the Claimant
Loading judgment…