Kenyan case law
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Owiti v Commissioner for Co-operative Development & Marketing; Comply Staff Society Sacco Ltd (Interested Party) (Tribunal Case 3 of 2017) [2023] KECPT 53 (KLR) (Civ) (23 February 2023) (Judgment)
✦ The surcharge decision by the Commissioner is quashed and set aside due to irregularities in the report
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Okwero v Commissioner for Co-operative Development & Marketing; Comply Staff Society Sacco Ltd (Interested Party) (Tribunal Case 2 of 2017) [2023] KECPT 51 (KLR) (23 February 2023) (Judgment)
✦ The surcharge decision by the Commissioner is quashed and set aside due to irregularities in the report
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Omenda v Commissioner for Co-operative Development & Marketing; Comply Staff Society Sacco Ltd (Interested Party) (Tribunal Appeal 4 of 2017) [2023] KECPT 68 (KLR) (23 February 2023) (Judgment)
✦ The Appeal is allowed, and the surcharge decision by the Commissioner is quashed and set aside due to irregularities in the report.
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Kamangu & 7 others (Suing on ourselves and on behalf of other members of Yamumbi Uasin Gishu Farmer’s Cooperative Society) (in Liquidation)) v Kiragu & 4 others (Tribunal Case 548 of 2019) [2023] KECPT 73 (KLR) (23 February 2023) (Ruling)
✦ The Preliminary Objection is dismissed as it does not raise issues of law but rather facts and the suit is sustained.
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Mwania & another v Kitheka & 4 others; Kyalo & another (Respondent) (Stage Manager Afya Center) (Tribunal Case 98 of 2021) [2023] KECPT 67 (KLR) (Civ) (23 February 2023) (Judgment)
✦ The claimant's case is dismissed with each party bearing their own costs.
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Muriiu v Nyati Sacco Society Ltd (Tribunal Case 298 of 2019) [2023] KECPT 52 (KLR) (Civ) (23 February 2023) (Judgment)
✦ Claimant is a bona fide member of Respondent but his claim is not supported and is dismissed with no orders as to costs.
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Methodist Savings & Credit Co-operative Society Ltd v Kibera (Tribunal Case 302 of 2019) [2023] KECPT 49 (KLR) (16 February 2023) (Ruling)
✦ The Application fails with no orders as to costs.
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Safaricom Savings & Credit Co-operative Society Ltd v Macakiage (Tribunal Case 368 (E173) of 2021) [2023] KECPT 63 (KLR) (16 February 2023) (Ruling)
✦ The Court allows the application and orders a prohibitory order against Macakiage, registers the order against the title at the Kiambu Lands Registry, and awards costs to the Claimant.
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Nzuma (Legal representative of the Estate of Ndaka Nzuma (Deceased) v Muoki & another; Konza Ranching & Farming Coop Society Ltd (Interested Party) (Tribunal Case 234 of 2019) [2023] KECPT 65 (KLR) (16 February 2023) (Ruling)
✦ The preliminary objection is dismissed with costs.
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Gaacheru v Boots Sacco Ltd (Tribunal Case 4 of 2019) [2023] KECPT 50 (KLR) (Civ) (16 February 2023) (Ruling)
✦ The application for substitution of the written statement of the Chairman is allowed. The application for recusal of PN Gichuhi/Gichuki is denied.
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Randu v Turtle Bay Sacco Limited (Tribunal Case 824 of 2017) [2023] KECPT 46 (KLR) (Civ) (16 February 2023) (Judgment)
✦ The tribunal finds in favor of the Claimant for Ksh 261,000 plus costs and interest.
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Mugambi v H&M Cooperative Saving & Credit Society Limited & 4 others (Tribunal Case 287 of 2021) [2023] KECPT 57 (KLR) (Civ) (16 February 2023) (Judgment)
✦ The court found that the Claimant is entitled to receive dividends from Coop Holdings limited and ordered the 1st Respondent to remit the dividends to the Claimant's bank account.
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Ndungu & another v Urithi Housing Co-op Ltd (Tribunal Case 104 of 2021) [2023] KECPT 61 (KLR) (31 January 2023) (Judgment)
✦ The court finds in favor of the plaintiffs for Ksh 1,500,000 plus costs and interest in the suit.
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Makhanu v Metropolitan National Sacco Society Limited (Tribunal Case 614 of 2021) [2023] KECPT 48 (KLR) (26 January 2023) (Judgment)
✦ We find in favour of Claimant for Kshs. 109,661.72 plus cost and interest.
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Ndungú & others v Limuru Dairy Co-op. Soc. Ltd (Tribunal Case 595 of 2015) [2023] KECPT 47 (KLR) (Civ) (26 January 2023) (Judgment)
✦ We find in favor of the Claimant, declaring that the Respondent holds LR No 11164/4 in trust for the Claimants and/or the 995 founding members of the Respondent, and ordering the Respondent to transfer LR No 11164/4 to the Claimants or their nominee.
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Ogwaro v Metropolitan National Society Limited (Tribunal Case 204 of 2022) [2023] KECPT 62 (KLR) (Civ) (26 January 2023) (Judgment)
✦ We find the respondent owes the claimant ksh 166,571.88 plus costs and interest.
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Nduati v Amica Savings & Credit Limited (Tribunal Case 85 of 2020) [2023] KECPT 60 (KLR) (Civ) (26 January 2023) (Judgment)
✦ The repossession of the motor vehicle registration No KCB 093A by the Respondent is illegal, fraudulent and amounts to trespass.
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Orient Sacco v Ngigi (Tribunal Case 126 of 2021) [2022] KECPT 896 (KLR) (16 December 2022) (Ruling)
✦ The application has merits and is allowed. The defence is struck out, and summary judgment is entered in favor of the claimant for Kshs 3,977,833.48 plus costs and interest.
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Muita v Thiririka Farmer’S Cooperative Society Limited & another (Tribunal Case 265/E047 of 2021) [2022] KECPT 902 (KLR) (16 December 2022) (Ruling)
✦ An amount of Kshs 35,280/= is granted for item 1 instruction fees. Items 2, 3, 4, 5, and 6 are granted. Items 7 and 8 service are granted Kshs 2000/= each. Disbursement fees for item 10 are allowed at Kshs 3610/=. Item 9 is taxed as inapplicable.
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Owuor v Regency Sacco Society Ltd (Tribunal Case 743 of 2019) [2022] KECPT 904 (KLR) (Civ) (16 December 2022) (Judgment)
✦ We find in favor of the claimant for Kshs 91,700.00 plus costs and interest.
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Equity Bank Sacco Society Limited v Kimani (Tribunal Case 482A of 2009) [2022] KECPT 907 (KLR) (16 December 2022) (Ruling)
✦ The application is granted as prayed with costs in the cause.
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Kinyua v Fortune Sacco Society Limited & another (Tribunal Case 140 of 2020) [2022] KECPT 895 (KLR) (Civ) (16 December 2022) (Judgment)
✦ The respondent is ordered to pay the claimant Kshs 555,960.61 as the outstanding amount, and the loan collateral is ordered to be returned to the claimant.
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Biashara Sacco Society Limited v Mwangi (Tribunal Case 439 of 2019) [2022] KECPT 908 (KLR) (16 December 2022) (Ruling)
✦ The Tribunal finds that the Bill of Costs is taxed as prayed for and grants it for Kshs. 74,834/=.
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Sheikh Khalifa Co-op. Savings Credit Soc. Ltd v Thoya (Tribunal Case 131 of 2017) [2022] KECPT 893 (KLR) (15 December 2022) (Judgment)
✦ Judgment in favor of Claimant for Kshs 1,172,20 plus costs and interest
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Isiolo Teachers Sacco Society Limited v Kailika (Tribunal Case 411 of 2019) [2022] KECPT 899 (KLR) (Civ) (15 December 2022) (Ruling)
✦ The Notice of Motion application is allowed, and the Surcharge Order is upheld.