M'Mrimberia v Fen Sacco Society Limited (Tribunal Case 151 (E230) of 2021) [2023] KECPT 830 (KLR) (31 August 2023) (Judgment)
- Court
- Co-operative Tribunal
- Case number
- 830
- Citation
- [2023] KECPT 830 (KLR)
- Decided
- 31 August 2023
We find merit in the Claimant’s case and enter judgment in favor of the Claimant for Ksh 132,000/= plus cost and interest.
Facts
Claimant joined Respondent SACCO – Fen SACCO in 2013 and saved money for 2 years. In 2015, she applied for a loan of Ksh 100,000/= and was granted. She repaid the amount within 10 months. In January 2016, she applied for another loan of Ksh 300,000/= and was granted, which she repaid in 12 months. She requested a third loan but was not granted due to unpaid arrears and her role as a guarantor.
Issues
- Whether the Claimant did pay her loan of Ksh 300,000/=.
- Whether the Claimant is bound to pay for the guarantees non-payment of the loan.
Reasoning
The Claimant produced documents to support her claim with receipts attached, which were not disputed by the Respondent. The Respondent confirmed that one of their officers was involved in the embezzlement of funds, and thus the Claimant, an innocent party, should not be held responsible for the mistakes of the employee.
Outcome
Judgment in favor of the Claimant for Ksh 132,000/= plus cost and interest.
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