Ichwara v United nations Savings & Credit Co-operative Society Limited & another (Tribunal Case 410 (E226) of 2021) [2023] KECPT 783 (KLR) (31 August 2023) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 783
- Citation
- [2023] KECPT 783 (KLR)
- Decided
- 31 August 2023
The Tribunal finds that the Claimant has failed to establish a prima facie case and has not presented any evidence to challenge the fact that all the requisite notices were served to him in accordance with the law.
Facts
The Claimant Jared Masini Ichwara borrowed Kshs. 10,000,000 from the 1st Respondent United Nations Savings & Credit Co-operative Society Limited, secured by a charge over his property. The Claimant defaulted in loan servicing, leading the 1st Respondent to engage the 2nd Respondent to issue a Redemption Notice. The Claimant sought an injunction against the Respondents, claiming he was not served with the required statutory Notice and that the proper valuation of the charged property had not been done.
Issues
- Whether the Claimant has established a prima facie case with a high chance of success.
- Whether the Claimant stands to suffer irreparable damage that cannot be compensated with an award of damages.
- Whether the Claimant has fulfilled the threshold granting for an injunction.
Reasoning
The Tribunal relies on the case of Mrao Ltd vs First American Bank of Kenya Ltd & 2 others [2003] eKLR 125 to explain the circumstances under which a party can present a prima facie case. The Tribunal concludes that the Claimant was in default of payment for over 5 years and has not provided evidence to challenge the service of notices.
Outcome
The appeal is dismissed.
Orders
- The temporary injunction restraining the Respondents or their agents from disposing the charged property pending the determination of the matter was upheld.
Authorities cited
Legislation (4)
- Land Act
- Section 90
- Section 96
- Section 97(2)
Cases cited (1)
- Mrao Ltd vs First American Bank of Kenya Ltd & 2 others [2003] eKLR 125
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