Kiarie v Urithi Housing Cooperative Society Limited (Tribunal Case 527A of 2018) [2024] KECPT 1172 (KLR) (25 July 2024) (Judgment)
- Court
- Co-operative Tribunal
- Case number
- 1172
- Citation
- [2024] KECPT 1172 (KLR)
- Decided
- 25 July 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureClaimant seeks refund and release of funds, Respondent denies agreement and claims non-payment of fees.CoramCHAIR
Holding
The Respondent is in default as they failed to provide the signed Agreement and assure the Claimant of the project.
Facts
Claimant paid Kshs. 1,300,000/= for a plot but did not receive the signed Agreement. Respondent claims the Claimant owes Kshs. 200,000/= in conveyancing fees.
Issues
- Who is in default of the Agreement?
- Whether Claimant is entitled for a refund?
Reasoning
The Respondent did not provide assurance or commitment regarding the project, leading the Claimant to not complete the payment.
Outcome
The Claimant is entitled to a refund of Kshs. 1,350,000/=
Orders
- Order for refund of Kshs. 1,350,000/=
Remedies
- Costs and interest to be provided for by the Tribunal
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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