Omasete v Management Committee Shoppers Sacco Limited (Tribunal Case 449/E640 of 2023) [2025] KECPT 379 (KLR) (26 June 2025) (Judgment)
- Court
- Co-operative Tribunal
- Case number
- 379
- Citation
- [2025] KECPT 379 (KLR)
- Decided
- 26 June 2025
AI Summary
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TypeTribunal CasePostureAppeal from an original trialCoramHON. J. MWATSAMA, HON. BEATRICE SAWE, HON. FRIDAH LOTUIYA, HON. PHILIP GICHUKI, HON. MICHAEL CHESIKAW, HON. P. AOL
Holding
The Claimant's claim is dismissed with no order as to costs.
Facts
Robert Matano Omasete was a former member of Shoppers Sacco Limited and had borrowed Kshs. 600,000/= from the Respondent. He defaulted on the loan when he lost his job in 2018. Omasete claims he owes Kshs. 84,228/=, while the Respondent claims the balance is Kshs. 290,000/=. Omasete also claims the Respondent should be restrained from selling his collateral property.
Issues
- Loan balance amount
- Restraining order on collateral property
Reasoning
The Claimant failed to prove his claim against the Respondent to the requisite standard of a balance of probability. The loan balance was not Kshs. 84,228/=. The Claimant did not produce evidence of dividends declared or paid out by the Respondent.
Outcome
Dismissed with no order as to costs
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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