Kenyan case law
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Githei v National Hospital Insurance Sacco Society Limited (Tribunal Case 730/E776B of 2022) [2024] KECPT 920 (KLR) (Civ) (23 May 2024) (Ruling)
✦ The Defendant's Defence is not a sham and raises a triable issue regarding the amount of deposits (if any) that the Claimant has accumulated.
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Kariru v National Hospital Insurance Sacco Society Limited (Tribunal Case 792 (E794) of 2022) [2024] KECPT 935 (KLR) (23 May 2024) (Ruling)
✦ The application to strike out the defendant's defense is dismissed, and the matter is directed to be dispensed with by way of written submissions.
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Waweru & others v Commissioner for Co-operative Development & another (Tribunal Appeal E011 of 2022) [2024] KECPT 893 (KLR) (23 May 2024) (Ruling)
✦ The preliminary objections are merited, and the 1st to 27th appellants are struck out of the appeal.
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Wambugu & 18 others v Ratta & another (Tribunal Case 211 of 2021) [2024] KECPT 950 (KLR) (23 May 2024) (Judgment)
✦ The Claimants/Plaintiffs' amended statement of claim is not merited and is dismissed with costs.
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Otoyi v Sokoro Sacco Society Limited (Tribunal Case 872 (E968) of 2022) [2024] KECPT 962 (KLR) (Commercial and Tax) (23 May 2024) (Judgment)
✦ The Tribunal finds merit in the Claimant's claim and orders a refund of Kshs. 147,480/-
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Atieno v Metropolitan National Sacco Ltd (Tribunal Case 46/ E026 of 2023) [2024] KECPT 915 (KLR) (23 May 2024) (Ruling)
✦ The application for the striking out of the respondent's defence is dismissed. The matter is directed to be dispensed with by way of written submissions.
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Kijabe Line Sacco Limited v Kariuki (Tribunal Case 316 (E108) of 2021) [2024] KECPT 953 (KLR) (23 May 2024) (Ruling)
✦ The Tribunal reinstated the Applicant's Application and made orders to allow the Applicant to be heard, to reinstate the Interlocutory Judgment, and to file and serve documents within 14 days.
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Mabuu v National Hospital Insurance Sacco Society Limited (Tribunal Case 729 (E775) of 2022) [2024] KECPT 976 (KLR) (23 May 2024) (Ruling)
✦ The Tribunal finds the Respondent's defense to be a triable issue and dismisses the Claimant's application to strike out the defense.
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King'ori v Muki Savings & Credit Co-operative Sacco Society Limited & another (Tribunal Case 57 of 2020) [2024] KECPT 946 (KLR) (23 May 2024) (Judgment)
✦ The Claimant's Statement of Claim is dismissed in its entirety. The Respondent's Counter-Claim is upheld to the extent of Kshs. 198,944/=. The parties are to bear their own costs.
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Kimetto & 2 others v Litein Kipangenge Farmers Co-operative Society Limited (Tribunal Case 286/E005 of 2023) [2024] KECPT 901 (KLR) (Civ) (23 May 2024) (Judgment)
✦ The Special General Meeting held on 18th May, 2023 and its resolutions, including the election held, are nullified. A fresh Special General Meeting is ordered to be held within 60 days from the date of this judgment.
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Kinyua v National Hospital Insurance Sacco Society Limited (Tribunal Case 728/E776 of 2022) [2024] KECPT 926 (KLR) (23 May 2024) (Ruling)
✦ The Respondent's defense is not a sham and raises a triable issue regarding the amount of deposits claimed by the Claimant.
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Mwangangi v Comoco Sacco Society Limited (Tribunal Case 574 (E401) of 2021) [2024] KECPT 975 (KLR) (Civ) (23 May 2024) (Judgment)
✦ Judgment in favor of the Claimant, ordered to refund Kshs. 401,500/= with interest and costs
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Joseph Weru Ngari v Sokoro Sacco Society Limited (Tribunal Case 871/E967 of 2022) [2024] KECPT 909 (KLR) (23 May 2024) (Judgment)
✦ The Tribunal finds merit in the claimant's claim and orders an immediate refund of Kshs. 111,500/- and costs of the suit.
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Thubi v Sokoro Sacco Society Limited (Tribunal Case 866/E957 of 2022) [2024] KECPT 921 (KLR) (23 May 2024) (Judgment)
✦ The Tribunal finds merit in the claimant's claim and orders an immediate refund of Kshs. 66,116.00/-, costs of the suit, and interest from the date of filing until full payment.
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Mayieka & 104 others v Urithi Housing Co-operative Society Limited & another (Tribunal Case 55 of 2021) [2024] KECPT 928 (KLR) (16 May 2024) (Ruling)
✦ The matter is consolidated, and the case will proceed with the second claimant's witness representing the other claimants.
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Wambua v Fortune Sacco Society Limited (Tribunal Case 185/E001 of 2022) [2024] KECPT 213 (KLR) (7 March 2024) (Judgment)
✦ The Tribunal dismissed the Claimant's statement of claim and entered judgment in favor of the Respondent for Kshs.1,458,186.28/= plus costs and interest.
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Mwihia & 8 others v Njoroge & another (Tribunal Case 837 (E890) of 2022) [2024] KECPT 243 (KLR) (7 March 2024) (Ruling)
✦ We find that the Decree Holders are not entitled to the orders sought due to the lack of a debt owed to the Judgement Debtor by the Garnishee at the time of the sale.
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Daima Sacco Ltd v Njeru (Tribunal Case 386 of 2012) [2024] KECPT 253 (KLR) (7 March 2024) (Ruling)
✦ The Applicant’s prayer to stay the execution of a Decree that flows from a consent that he willingly entered and that has not been set aside or varied is denied. The Judgment Debtor is allowed to settle the balance of the decretal sum by way of monthly installments.
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Henry v Yes Sacco Society Limited (Tribunal Case 230 of 2020) [2024] KECPT 235 (KLR) (7 March 2024) (Judgment)
✦ The Tribunal finds in favor of the Claimant, declaring that the continued withholding of the Claimant's net dues of Kshs. 63,029.29 is wrongful and unlawful, and orders the Respondent to pay the sum of Kshs. 75,029.29 plus costs and interest at Tribunal rates.
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Irungu v Transcom Sacco Society Limited (Tribunal Case 360 of 2019) [2024] KECPT 237 (KLR) (7 March 2024) (Ruling)
✦ The Respondent's Application is dismissed with costs.
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Gachoki v Fortune Sacco Society Limited & another (Tribunal Case 468 of 2019) [2024] KECPT 218 (KLR) (7 March 2024) (Judgment)
✦ The Tribunal found that the Respondent did not follow the laid down procedures in exercising the right of redemption and attachment of collateral in case of default, thus infringing upon the Claimant's legal right.
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Osiemo v Latema Sacco Society Limited & another (Tribunal Case 301/E349 of 2022) [2024] KECPT 212 (KLR) (7 March 2024) (Ruling)
✦ The court dismissed the review application and objector applications. The decree and orders remain valid, and the court urges the decree holder to consider alternative modes of execution.
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Kathuri v Daima Cooperative Society Limited (Tribunal Case 452A of 2017) [2024] KECPT 239 (KLR) (7 March 2024) (Ruling)
✦ The Tribunal dismissed the Claimant's application and set aside the Interlocutory judgment dated 19.10.2017 and all subsequent orders.
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United Star Sacco Limited v Njuguna (Tribunal Case 451 of 2016) [2024] KECPT 216 (KLR) (7 March 2024) (Ruling)
✦ The Tribunal reinstated the Respondent's Application and set aside the previous dismissal order.
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Kibira & another v Biashara Sacco Society Limited (Tribunal Case 751 of 2019) [2024] KECPT 222 (KLR) (7 March 2024) (Ruling)
✦ The Respondent/ Applicant's Notice of Motion Application dated 15th November, 2022 lacks merit and is hereby dismissed with costs to the Claimant's/ Respondents.