Kenyan case law
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Mathu & 10 others v Commissioner for Cooperative Development and Marketing; Riitho Farmers Co-op Society (Interested Party) (Tribunal Appeal 1 of 2019) [2023] KECPT 431 (KLR) (Civ) (15 June 2023) (Judgment)
✦ The Deputy Commissioner of Cooperative Development did not have the capacity to sign Surcharge Orders under the Cooperative Societies Act
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Owiti v Migori Teachers Sacco Society Ltd (Tribunal Case 236 of 2016) [2023] KECPT 441 (KLR) (15 June 2023) (Ruling)
✦ The respondent is allowed to repay the deposits in installments of Kshs. 10,000/- by every 5th day of the month and pay Kshs. 50,000/= on or before 30.7.2023 until repayment in full. An interest of 10% on a reducing balance is levied on the decretal sum.
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Kenya Medical Association Sacco Ltd v Nalwa (Tribunal Case 324 of 2019) [2023] KECPT 393 (KLR) (Civ) (15 June 2023) (Ruling)
✦ The Bill of Cost is taxed at Kshs. 176,347.00
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Mathenge v Marmanet Coop.Society Limited (Tribunal Case 524/E308 of 2021) [2023] KECPT 405 (KLR) (15 June 2023) (Ruling)
✦ The Preliminary Objection is dismissed, and the orders are extended until the matter is heard and determined on merit.
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Moshira v Kwetu Cooperative Society Ltd (Tribunal Case 441 of 2018) [2023] KECPT 836 (KLR) (Civ) (8 June 2023) (Judgment)
✦ The Tribunal finds the Claimant has proven her case and enters judgment in her favour for Kshs. 226,000/= plus costs and interest.
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Ntwiga v Good Hope Sacco Society (Tribunal Case E175 (182) of 2022) [2023] KECPT 438 (KLR) (Civ) (8 June 2023) (Judgment)
✦ Summary Judgment entered for Kshs. 436,600 plus costs and interest
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Wafubwa v Yes Savings & Credit Coop Society Limited; NCBA Bank (Garnishee) (Tribunal Case 158 of 2019) [2023] KECPT 440 (KLR) (Employment and Labour) (4 May 2023) (Ruling)
✦ Order Nisi is hereby confirmed. The Garnishee Bank is not opposed to satisfying the decretal sum but the funds are not sufficient to fully satisfy the decree. The Garnishee Bank will pay Kshs 1,018,100/90 and the Judgment Creditor may use alternative means to execute the balance.
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Kimotho & another v County Sacco Society Limited & another (Tribunal Case 273 of 2020) [2023] KECPT 414 (KLR) (4 May 2023) (Ruling)
✦ The Bill of Costs is taxed as follows based on schedule II Advocates Remuneration. The total amount allowed is Kshs 143,862/18.
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King'oo v Boots Sacco Society Limited (Tribunal Case 284 of 2018) [2023] KECPT 452 (KLR) (27 April 2023) (Judgment)
✦ We find in favor of the Claimant for Kshs 86,500 plus costs and interest.
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Konza Ranching & Farming Coop. Soc. Limited v Musau (Tribunal Case 233/E022 of 2021) [2023] KECPT 412 (KLR) (Civ) (27 April 2023) (Ruling)
✦ The claim is found to be with merit and judgment is entered in favor of the Claimant.
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Mambo v Commissioner for Cooperatives Development & Marketing; Wanandege Housing Coop Society Limited (Interested Party) (Tribunal Appeal 7 of 2018) [2023] KECPT 450 (KLR) (Civ) (27 April 2023) (Ruling)
✦ The Appeal is dismissed with costs awarded to the Interested Party as it was filed out of time.
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Maseno University Sacco Society Limited v Wesonga (Tribunal Case 271 of 2019) [2023] KECPT 447 (KLR) (Civ) (27 April 2023) (Ruling)
✦ The Respondent's Statement of Defence is struck out as it raises no triable issues.
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Wanjawa & 7 others v Taraji Sacco Society Limited & 3 others (Tribunal Case 675 of 2018) [2023] KECPT 455 (KLR) (27 April 2023) (Ruling)
✦ Application is allowed to liquidate the decretal sum in installments as follows: Kshs 500,000/= within sixty days, Kshs 160,000/= monthly from the 5th day of the 3rd month, and execution will issue in default of any installment.
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Mwaniki v Embu Farmers Sacco Limited (Tribunal Case 11 of 2011) [2023] KECPT 409 (KLR) (27 April 2023) (Judgment)
✦ There was an agency relationship between the parties, and the Claimant was indebted to the Respondent.
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Maseno University Sacco Society Limited v Olendo (Tribunal Case 269 of 2019) [2023] KECPT 446 (KLR) (27 April 2023) (Ruling)
✦ The Cooperative Tribunal's decision to stay further proceedings is dismissed as the Appeal has been dismissed and the Tribunal is functus ocio. The Cooperative Tribunal's decision to strike out the Respondent's statement of defence and enter summary judgment is also dismissed.
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Equity Bank Savings & Cooperative Society Limited v Kamau (Tribunal Case 906 of 2018) [2023] KECPT 428 (KLR) (27 April 2023) (Ruling)
✦ The notice to show cause is upheld, and an order warrant of arrest is issued.
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Osore v Invest and Grow Sacco (Tribunal Case 349 (E152) of 2021) [2023] KECPT 449 (KLR) (27 April 2023) (Ruling)
✦ Application is allowed, and the Respondent is directed to provide the Claimant's loan account statement and refund the deducted amount.
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Ndirangu & 15 others v Ufundi Sacco Society Limited (Tribunal Case 375 of 2010) [2023] KECPT 443 (KLR) (27 April 2023) (Ruling)
✦ The Tribunal allows the Claimant's prayer for a declaration that he and other members of Gateway House Investment are the rightful owners of the plot LR No Nairobi 209/2571, and orders the Respondent to come on record.
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Makiya v Emergency Co-operative Savings & Credit Limited (Tribunal Case 301 of 2019) [2023] KECPT 439 (KLR) (Civ) (27 April 2023) (Ruling)
✦ The application for setting aside garnishee orders is allowed due to the lack of an appearance by the instructed advocate.
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Obwocha v Metropolitan National Sacco Limited (Tribunal Case 257 (E307) of 2022) [2023] KECPT 814 (KLR) (27 April 2023) (Judgment)
✦ Interlocutory judgment in favor of the Claimant for Kshs. 426,300.
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Maseno University Sacco Society Limited v Kirui (Tribunal Case 272 of 2019) [2023] KECPT 406 (KLR) (27 April 2023) (Ruling)
✦ The respondent's statement of defence is struck out, and the claimant is awarded Kshs. 4,877,200/= plus costs and interest.
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Sundor v Jitegemee Sacco Society Limited (Tribunal Case E008 of 2022) [2023] KECPT 403 (KLR) (Civ) (27 April 2023) (Ruling)
✦ The Interlocutory Judgment is set aside, and the Respondent is granted leave to file a Statement of Defence out of time.
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Mwaniki v Urithi Housing Co-operative Society Limited (Tribunal Case 331 of 2019) [2023] KECPT 396 (KLR) (27 April 2023) (Judgment)
✦ The court finds in favor of the claimant for Kshs. 1,450,000 in refund, costs, and interest.
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Achin Sacco Limited v Mugo (Tribunal Case 488 of 2020) [2023] KECPT 430 (KLR) (Civ) (27 April 2023) (Ruling)
✦ The ex parte judgment in default entered on July 9, 2021 is set aside, and the Respondent is allowed to liquidate the sum due in reasonable monthly installments approved by the Tribunal.
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Universal Traders Sacco Ltd v Mulinge (Tribunal Case 64 of 2019) [2023] KECPT 407 (KLR) (27 April 2023) (Ruling)
✦ Application to set aside default judgment dismissed, application to stay execution not granted