Kenyan case law
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Bramwel Musamia v Board of Directors, Nacico Sacco [2021] KECPT 591 (KLR)
✦ The court granted the temporary injunction.
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Daniel Kitaa Kamia Kaesha v Metropolitan National Sacco Society Limited [2021] KECPT 594 (KLR)
✦ The court dismisses the current application and applies the previous ruling to the current application.
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Catherine Munyiri v FEP Sacco Society Limited & another [2021] KECPT 524 (KLR)
✦ The Court finds that the Claimant has defaulted in repaying the loan and that the Respondents have not followed due process in recovery of the loan.
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Matu Wahome & 2 others v Fep Saving & Credit Society Limited [2020] KECPT 7 (KLR)
✦ The court has jurisdiction to set aside the default judgment
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Catherine Minika Mukhwana v Metropolitan National Sacco Limited [2020] KECPT 4 (KLR)
✦ The default judgment entered on 15.11.2019 is set aside.
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Mary Nyambura Githua v Urithi Housing Co-operative Society Limited & another [2020] KECPT 2 (KLR)
✦ The court denied the application for a temporary injunction.
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Konza Ranching & Farming Co-Operative Society Limited v John Kimeu Muindi & 2 others [2020] KECPT 16 (KLR)
✦ The Tribunal has jurisdiction to entertain the Application as the subject matter of the dispute involves a dispute concerning the business of a registered society.
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Charles Mwangi Kirigwi & another v Unaitas Sacco Society Limited & another [2020] KECPT 3 (KLR)
✦ The Tribunal has jurisdiction to entertain the claim as against the 2nd Respondent
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Rose Kanyua Mugambi v Urithi Housing Co-operative Society Limited [2020] KECPT 9 (KLR)
✦ The default judgment is a regular one and can only be set aside if the Tribunal is satisfied that the Defence filed raises triable issues.
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Abednego Omukuba & 5 others v Samson Chirchir Kipkemoi & another [2020] KECPT 1 (KLR)
✦ The court granted the mandatory injunction to compel the 1st Respondent to refund the Claimant's monies and interests, but denied the prohibitory injunction.
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City Star Sacco Society Limited v Simion Machirah Ndirangu [2020] KECPT 5 (KLR)
✦ The default judgment is set aside ex debito justiae.
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Emmanuel Mwangi Matano & another v Urithi Housing Co-operative Society Limited [2020] KECPT 10 (KLR)
✦ The court has jurisdiction to set aside a default judgment under Order 10 Rule 11 of the Civil Procedure Rules.
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Elimu Sacco Society Limited v Johnson Edwin Kobungu(Deceased) & another [2020] KECPT 11 (KLR)
✦ The Tribunal dismissed the Claimant's Application for review of the judgment due to lack of discovery of new and important matter and unreasonable delay.
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Joseph Okello v CS 4658 Mala Sacco Society Ltd; Co-operative Bank of Kenya(Garnishee) [2020] KECPT 66 (KLR)
✦ The court held that the Decree Holder has established a proper basis to warrant the Tribunal to attach the Respondent’s funds held by the Garnishee.
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Charles Owino Ndonga v Kisumu Jua Kali Artisan Savings & Credit Co-op Society Ltd; Chase Bank Ltd (Kisumu) Branch & 2 others (Garnishees) [2020] KECPT 68 (KLR)
✦ The court denied the applications, finding that the garnishees are not indebted to the respondent and that the decree absolute was not erroneous.
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Richard Olendo & 2 others v Commissioner for Co-operative Development, Ministry of Industry, Trade & another [2020] KECPT 92 (KLR)
✦ The Court finds that the appellants have locus standi and that the Co-operative Society is a necessary party to the appeal.
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Pegeon Express Safaris v Management Board Savings Co-Operative Sacco Ltd [2020] KECPT 69 (KLR)
✦ The orders sought are granted, and the Claimant is directed to file and serve the main claim within three months. Costs in the cause are awarded to the Respondent.
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Pegeon Express Safaris v Management Board Savings Co-Operative Sacco Ltd [2020] KECPT 104 (KLR)
✦ The Court allows the injunctive orders sought by the Claimant, Pegeon Express Safari, pending the hearing and determination of the main suit.
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Ainabkoi Investment Co-operative Society Limited v Ainabkoi Farmers Savings & Credit Co-op Society Limited & another [2020] KECPT 72 (KLR)
✦ The court finds that the Claimant has not established a prima facie case with a probability of success and dismisses the application with costs.
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Kenya Union of Savings and Credit Co-operatives Limited v Kencom Co-operative Savings & Credit Society Limited & another (Tribunal Case 157 of 2020) [2020] KECPT 156 (KLR) (Civ) (22 July 2020) (Ruling)
✦ The Tribunal issued an order for attachment of the 1st Respondent's funds and ordered the 1st Respondent's officials to deposit security pending the hearing and determination of the claim.
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Benson Irungu Mwaura v Sheria Co-operatives Savings & Credit Society of Kenya & 2 others [2020] KECPT 97 (KLR)
✦ The 2nd and 3rd Respondents are liable for the recovered sum of Kshs.314,597/85 plus costs and interest from 29.5.2017 till payment in full. The 1st Respondent is dismissed from the suit. The 2nd and 3rd Respondents are also condemned to pay the costs of the suit to the claimant.
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James Njiru Warui & 241 others v Rwama Farmers Co-operative Society Limited [2020] KECPT 8 (KLR)
✦ The Tribunal granted a temporary injunction against the Respondent restraining it, its agents and/or servants from utilizing the award given in HCC.NO.836/2003 in Rawana Farmers Millers Limited.
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Pius Musimba Muasya & 2 others v Peter Wanjohi (Official Liquidator) & another [2020] KECPT 80 (KLR)
✦ The Tribunal has jurisdiction to make orders regarding contempt of Court Orders.
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Ngara Gracious Savings Co-Op.Soc. Ltd v Miriam Nyokabi Nginyo [2020] KECPT 120 (KLR)
✦ The Court finds that filing a defence without entering appearance is a matter of form and does not go to the substance of the suit
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Elimu Sacco Soc. Ltd v Esther Mugita [2020] KECPT 99 (KLR)
✦ The Tribunal finds that there is variance in the figures and that the Respondent's failure to produce a witness is not fatal to her case. The Respondent is found to have defaulted in repayment.