Nyambari Young Traders Shg v Muhia (MSET Nairobi 3 of 2021) [2022] KEMSET 186 (KLR) (Civ) (15 June 2022) (Judgment)
- Court
- KEMSET
- Case number
- 186
- Citation
- [2022] KEMSET 186 (KLR)
- Decided
- 15 June 2022
The Tribunal finds that the claim is not time-barred and the outstanding loan amount is Kes 10,710/-.
Facts
Nyambari Young Traders SHG filed a claim against Michael Gitau Muhia for repayment of a loan of Kes 122,160/- plus costs and interest. The Respondent objected to the claim, alleging lack of capacity, time-barred claim, concealment of details, fraudulent claims, and unproven charges.
Issues
- Claimant's capacity to sue
- Time-barred claim
- Outstanding loan amount
- Respondent's shares/savings
- Dividends due
Reasoning
The Tribunal determined that the claimant is not a legal entity but has a legitimate claim. The loan was agreed upon in 2015, and the Respondent made payments until 2017, which is within the six-year limitation period. The outstanding loan amount is reduced by the payments made by the Respondent.
Outcome
The Respondent is ordered to pay the Claimant the outstanding loan amount of Kes 10,710/-, costs of legal fees, and interest at prevailing court rates.
Orders
- The Respondent should pay the Claimant the outstanding loan amount of Kes 10,710/-
- The Respondent should pay the costs of the Claimant's legal fees of Ksh 40,000/-
- The Respondent should pay interest on the outstanding loan amount and legal fees at prevailing court rates
- Each party should bear their own costs
Remedies
- Payment of the outstanding loan amount
- Payment of legal fees
- Payment of interest
Authorities cited
Legislation (1)
- Limitation of Actions Act Cap 22 Laws of Kenya
Cases cited (1)
- Rosemary Wanjiru Kungu v Elijah Macharia Githinji & another {2014}
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