Gutto v Otieno (Tribunal Case 106 of 2021) [2023] KECPT 847 (KLR) (Civ) (19 October 2023) (Judgment)
- Court
- Co-operative Tribunal
- Case number
- 847
- Citation
- [2023] KECPT 847 (KLR)
- Decided
- 19 October 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureClaimant brought the claim against the Respondent for refund of deducted shares and costs.CoramHON. BEATRICE KIMEMIA, HON. J. MWATSAMA, HON. BEATRICE SAWE, HON. FRIDAH LOTUIYA, HON. PHILIP GICHUKI, HON. MICHAEL CHESIKAW, HON. PAUL AOL
Holding
The Respondent is liable to refund the Claimant's deducted shares. The Claimant is not entitled to lost dividends.
Facts
The Respondent borrowed a loan from the Sacco, and the Claimant and Edward Obonyo guaranteed the loan. The Respondent defaulted, and the Sacco deducted the Claimant's shares amounting to Kshs. 317,881/=. The Respondent later paid the loan in full.
Issues
- Whether the Sacco is liable to refund the deducted shares.
- Whether the Claimant is entitled to lost dividends.
Reasoning
The shares of the Claimant settled the Respondent's loan and prevented any action from being taken against the Respondent by the Sacco. The Respondent paid the amount due, and the Sacco refunded the Claimant.
Outcome
Judgment in favor of the Claimant for payment of costs of the suit.
Remedies
- Payment of costs of the suit calculated on the Claimed amount of Kshs. 317,881/= plus interest thereon at Tribunal rate after taxation until payment in full.
Authorities cited
Cases cited (1)
- Nairobi HCCC No. 537 of 2011, Talewa Road Contractors Ltd –vs- Jamii Bora Charitable Trust Registered Members 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.
Loading judgment…