Kenyan case law
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Vikiru v Nacico Sacco Limited (Tribunal Case 387/E184 of 2021) [2024] KECPT 1380 (KLR) (Civ) (29 August 2024) (Judgment)
✦ The Statement of Claim is found to be without merit and dismissed.
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Kipruto v Lavington United Sacco Limited (Tribunal Case 507/ E669 of 2023) [2024] KECPT 1410 (KLR) (Civ) (29 August 2024) (Judgment)
✦ The Claimant's case is adequately prosecuted and the Respondent has not defended the case satisfactorily. Judgment is entered in favour of the Claimant for Kshs. 384,800 plus cost and interest.
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MNK Savings and Credit Sacco Limited v Kimani (Tribunal Case 825/E866 of 2022) [2024] KECPT 1379 (KLR) (29 August 2024) (Ruling)
✦ The Notice of Preliminary Objection is dismissed with costs.
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Mwiki PSV Sacco Limited v Mbirua & 24 others (Tribunal Case 271 (E038) of 2021) [2024] KECPT 1372 (KLR) (Civ) (29 August 2024) (Judgment)
✦ Judgment is entered in favor of the Claimant for Kshs 22,534,532.00, with the 1st to 25th Respondents and costs and interests.
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Mulei v Urithi Housing Co-operative Society Limited (Tribunal Case 365/E171 of 2021) [2024] KECPT 1376 (KLR) (29 August 2024) (Ruling)
✦ The application is not merited as the proclamation was not undertaken lawfully and devoid of presumption and/or hearsay.
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Nyamira Tea Farmers Sacco Limited v Ongondo (Tribunal Case 423 of 2019) [2024] KECPT 1385 (KLR) (Civ) (29 August 2024) (Ruling)
✦ The claimant's case is allowed to proceed with the firm of Bundi Grace & Company Advocates coming on record, and the orders made on 2/11/21 dismissing the claimant's claim are vacated and the claim reinstated.
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Kagai v Actionald Sacco Limited (Tribunal Case 377/E572 of 2023) [2024] KECPT 1370 (KLR) (29 August 2024) (Judgment)
✦ Judgment in favor of the Claimant for Ksh. 1,300,000 plus costs and interest
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Komora v Ukulima Housing Co-operative Society Limited (Tribunal Case 721 (E697) of 2023) [2024] KECPT 1392 (KLR) (29 August 2024) (Judgment)
✦ The Court finds that the Claimant is the rightful owner of the plots and orders the Respondent to refund the purchase price of Kshs. 2,160,000/= with interest at Tribunal rates.
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Odoyo & 3 others v Otete & 5 others (Tribunal Case 210 (E011) of 2023) [2024] KECPT 1407 (KLR) (29 August 2024) (Judgment)
✦ The Special General Meeting convened by the claimants on 9th April 2023 did not meet the cooperative society's by-laws requirements as regards quorum and was therefore illegal. The subsequent resolutions arising from the SGM are null and void.
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Kamatu & 6 others v The Liquidator (On behalf of Mukunguru Farmers Cooperative Society (In Liquidation) (Tribunal Case 370 of 2018) [2024] KECPT 1409 (KLR) (29 August 2024) (Judgment)
✦ The Tribunal finds merit in the Claimants' claim and grants permanent injunction and specific performance.
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Mutungi v Muka Mukuu Farmer’s Co-operative Society Limited (Tribunal Case 468 of 2020) [2024] KECPT 1387 (KLR) (29 August 2024) (Judgment)
✦ The Tribunal finds that the claimant is not a member of the respondent, and thus does not have standing to bring the dispute before the Tribunal.
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Mutungi v Actionaid Sacco Ltd (Tribunal Case 173 of 2020) [2024] KECPT 1391 (KLR) (22 August 2024) (Judgment)
✦ The Tribunal orders the Respondent to issue the Plainti with a title deed and awards the cost of the suit to the Claimant.
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Nyangweso v Mawasiliano Sacco Limited (Tribunal Case 490 of 2009) [2024] KECPT 1158 (KLR) (25 July 2024) (Judgment)
✦ The Tribunal finds that the Claimant has proved the claim on a balance of probabilities and enters judgment in favor of the Claimant for Kshs. 118,600/= plus costs and interest at Tribunal rates from the date of filing the claim. Respondent's Defence is accordingly struck out.
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Wambua v Nzioka (Tribunal Case 529 of 2018) [2024] KECPT 1157 (KLR) (25 July 2024) (Judgment)
✦ The Claimant is entitled to a refund of Kshs. 74,248.78 by the Respondent.
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Kibira v Macharia (Tribunal Case 751 of 2019) [2024] KECPT 1168 (KLR) (25 July 2024) (Judgment)
✦ Judgment is entered in favor of the Claimant, allowing a declaration that the Claimants have complied with their obligations under the charge registered against Title No. Thegenge/Karia/4358, and a permanent injunction to restrain the Respondent from disposing of the property.
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Kamau v UBESA Sacco Limited (Tribunal Case 263/E356 of 2023) [2024] KECPT 1181 (KLR) (25 July 2024) (Judgment)
✦ Claimant is entitled to an order for refund of Kshs 175,000 and interest
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Otiende v Chuna Co-operative Savings AMD Credit Society Limited (Tribunal Case 413 of 2020) [2024] KECPT 1173 (KLR) (25 July 2024) (Ruling)
✦ The Respondent's draft does not raise triable issues, and the Respondent's Notice of Motion Application is granted.
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Mwinzila v Transcom Sacco Limited (Tribunal Case 222/E284 of 2022) [2024] KECPT 1152 (KLR) (25 July 2024) (Ruling)
✦ The Notice of Preliminary Objection dated 14th February 2024 lacks merit and is hereby dismissed with costs
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Njaguara v Ngagi (Tribunal Case E711/735 of 2022) [2024] KECPT 1176 (KLR) (25 July 2024) (Judgment)
✦ The Tribunal finds merit in the Claimant's claim and orders a refund of Kshs. 105,619/=
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Kiiru v Kencom Sacco Society (Tribunal Case E174 of 2022) [2024] KECPT 1170 (KLR) (25 July 2024) (Judgment)
✦ Judgment is entered in favor of the Claimant for Kshs. 201,000/- plus costs and interest at Tribunal rates from the date of filing.
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Kiambi v Motume (Tribunal Case E663 of 2023) [2024] KECPT 1180 (KLR) (25 July 2024) (Judgment)
✦ The court finds merit in the Claimant's claim and orders a refund of Ksh. 101,712.00/= and costs.
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Salaash v Metropolitan National Sacco Society Limited (Tribunal Case 8 & E017 of 2023 (Consolidated)) [2024] KECPT 1141 (KLR) (25 July 2024) (Judgment)
✦ The Tribunal finds that the Claimant has established his claim on a balance of probabilities and enters judgment in his favour for Kshs. 427,804.25 plus costs and interest at Tribunal rates from the date of filing the claim.
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Mulinge v Kencom Co-operative Savings and Credit Society Limited (Tribunal Case 130 (E177) of 2024) [2024] KECPT 1162 (KLR) (25 July 2024) (Judgment)
✦ The Tribunal finds that the Claimant is entitled to a refund of Kshs. 132,000/=
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Nyati Housing Co-operative Society Limited v Ngossheny Housing Co-operative Society Limited (Tribunal Case 237 of 2019) [2024] KECPT 1163 (KLR) (25 July 2024) (Judgment)
✦ The Counter Claim is dismissed as the Respondent breached the agreement.
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Wachira v Ominde (Tribunal Case 578/E753 of 2023) [2024] KECPT 1184 (KLR) (25 July 2024) (Ruling)
✦ The interlocutory judgment is set aside