Kenyan case law
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Nation Sacco Society Limited v Isaac Mwangi [2021] KECPT 243 (KLR)
✦ The Preliminary Objection fails, and the Notice of Preliminary Objection is dismissed with no orders as to costs.
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Kariuki & 6 others v Commissioner for Co-operative Development; Tuungane Tujijenge Sacco Limited & another (Interested Parties) (Tribunal Appeal 5 of 2020) [2021] KECPT 685 (KLR) (19 August 2021) (Ruling)
✦ The Tribunal grants an injunction to stop the proclamation, seizure, and sale of the proclaimed items pending the hearing and determination of the appeal.
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Anthony Nduati Nyambura vInagi Travellers Sacco Limited & another [2021] KECPT 285 (KLR)
✦ Preliminary Objection is upheld, Application dismissed with costs, and Chairman of the 1st Respondent is ordered to show cause for contempt of court.
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Edwin Kipng`Eno Rono v Kenyatta Matibabu Sacco Ltd & another [2021] KECPT 282 (KLR)
✦ The Tribunal assesses and awards the Claimant a total cost of Ksh.106,730.
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Abai Omusala David t/a New Mega (Africa) Limited v Tower Sacco Society Ltd & another [2021] KECPT 268 (KLR)
✦ The Tribunal granted a temporary injunction restraining the Defendants from disposing, alienating, impounding, seizing, repossessing, soliciting or advertising for sale and/or in any manner dealing with motor vehicles registration numbers KBZ 707Z and KBZ 711Z and/or any of the other 10 trucks co-owned by the Claimant and the 1st Respondent.
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Naomi Kathure Githaka v Capital Sacco Limited & another [2021] KECPT 259 (KLR)
✦ The court granted the injunction.
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Robert Njagi Kimotho & another v County Sacco Society Limited & another [2021] KECPT 275 (KLR)
✦ The judgment entered on March 12, 2021, will not be set aside, and the draft defense to the counterclaim will not be considered.
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Abubakar Osman Abdalla v National Hospital Insurance Fund Sacco Society Limited [2021] KECPT 266 (KLR)
✦ The court finds the Respondent's defence to be a sham and a mere denial, and orders the application for striking out the Respondent's defence.
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Michael Onyango Obiero v Kenya Qatar Diaspora Sacco [2021] KECPT 241 (KLR)
✦ Dividends are not payable to the claimant as there was no mention of any dividends to be paid to its members. Damages are not payable as the claimant did not provide evidence of the breach of contract.
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Michael Mubea Ndurumo v National Hospital Insurance Fund Sacco Society Limited [2021] KECPT 280 (KLR)
✦ Judgment confirmed at Kshs.584,250/=, any further interest chargeable from the date of Ruling will be at 12% per annum.
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Annah Mbula Muoki v Huduma Co-Op Saving & Credit Ltd Society [2021] KECPT 276 (KLR)
✦ Judgment in favor of the Claimant for Ksh39,520/= as share refunds and Ksh5,000/= for benevolent fund, with interest at court rates from the date of filing suit.
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Lily Nafula Wephukhulu v Huduma Co-op Saving and Credit Ltd Society [2021] KECPT 281 (KLR)
✦ Judgment in favor of the Claimant for Ksh19,540, costs, and interest
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Obia Jeremiah Ogolla v Bob Morgan Sacco Society Limited [2021] KECPT 254 (KLR)
✦ The Respondent to pay Claimant as per the Decree dated 3.12.2020 Kshs. 33,068/= plus costs of Kshs.29,910/= total Kshs.62,978/= plus costs of the Application assessed at Kshs.10,000/= to be paid by the Respondent/Applicant.
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Konza Ranching & Farming Co-Operative Society Limited v John Kimeu Muindi & 2 others [2021] KECPT 272 (KLR)
✦ Grant orders restraining the Respondents from developing, selling, offering for sale, transferring, leasing, charging plot No. 213 Makueni.
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Andrew Githinji Mwihuri & another v Taifa Sacco Society Limited [2021] KECPT 273 (KLR)
✦ The Application is dismissed with costs to the Respondent
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John Weru Kiruri & another v Urithi Housing Co-Operative Society Limited [2021] KECPT 263 (KLR)
✦ The default judgment is regular and the Tribunal has the unfettered discretion on the issue of setting aside a regular default judgment.
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Norman Samuel Bari v Ufundi Sacco Society Limited [2021] KECPT 265 (KLR)
✦ Judgment in favor of the Claimant for Kshs.3,700/= plus costs and interest from the date of filing the suit.
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Ceaser Muraguri Kagiri v Telepost Sacco Society Ltd [2021] KECPT 609 (KLR)
✦ Judgment on admission in favor of the Claimant for Kshs.240,613.00 plus costs and interest
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Daniel Kinuthia Kiarie v Nakuru Teachers Housing Co-Operative Society Limited; Co-Operative Bank of Kenya Limited & another (Interested Parties) [2021] KECPT 582 (KLR)
✦ The Tribunal granted the Claimant's Application for a Temporary Injunction.
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Bernard Gichuki v Stima Investment Co-operative Society Limited [2021] KECPT 547 (KLR)
✦ There is no legally binding and enforceable agreement between the parties.
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Concorde Savings & Credit Soc Ltd v George Huma [2021] KECPT 516 (KLR)
✦ The Application is dismissed, and costs follow the event.
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Emmanuel Kayala Mate v Wevarsity Savings and Credit Co-Operative Society Limited [2021] KECPT 604 (KLR)
✦ The Tribunal held that the Employment and Labour Relations Court (ELRC) was not competent to resolve the Co-operative Society matters and that the surcharge order was issued after the dismissal of the counterclaim for repayment and the withdrawal of the suit for repayment.
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Stima Sacco Society Ltd v Migori Teachers Savings & Credit Society Ltd [2021] KECPT 587 (KLR)
✦ The Application dated 21/5/21 is dismissed.
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Betty Joyce Matianyi v Wevarsity Sacco Society Ltd [2021] KECPT 507 (KLR)
✦ The Surcharge Order is not Res judicata and the appeal has no merit.
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Rachel Wanjiru Wachira v Alfred Omwansa Momanyi [2021] KECPT 536 (KLR)
✦ Judgment in favor of Claimant for Kshs.238,537/= plus costs and interests