Kenyan case law
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Musanga v Ligaga (Tribunal Case 41 of 2013) [2017] KECPT 3 (KLR) (31 January 2017) (Ruling)
✦ The suit against the second respondent is dismissed for want of prosecution. The claimants are ordered to pay the costs of the suit.
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Wakandera Sacco Limited v Geoffrey Njunge Wakabu [2021] KECPT 551 (KLR)
✦ The court has jurisdiction to set aside a default judgment and will do so if the judgment is irregular.
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Theophillus Olokulale Sairo v Transcom Sacco Society Limited [2021] KECPT 16 (KLR)
✦ The Respondent's Applications are dismissed, and the Respondents are ordered to pay the Claimant's costs.
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Samuel Odhiambo Okope & 2 others v Mwalimu National Savings & Credit Co-operative Society Limited & another [2021] KECPT 270 (KLR)
✦ The Tribunal finds in favor of the Claimants and orders the 1st Respondent to reimburse the Claimants the amounts deducted towards the loan defaulted by the 2nd Respondent.
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Hosea Barmao Chemweno & another v Raymond Kipkorir Cheruiyot & 2 others [2021] KECPT 561 (KLR)
✦ The elections held on 31.5.2019 are declared null and void. The officials who were in office before 31.5.2019 continue in office until a fresh election is carried out. A proper member's register must be prepared before elections are held. Financial statements must be availed to all members.
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Gad Mwangi Ndirangu & 2 others v George Makokha & 5 others [2021] KECPT 289 (KLR)
✦ The Claimants' applications are allowed with costs, and a prohibitory injunction is issued restraining the Respondents from acting as elected officials of the 5th Respondent.
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Franis Mithamo Maina v Evans Moseti Okechi [2021] KECPT 33 (KLR)
✦ The Respondent's Applications are dismissed, and the Respondent is ordered to pay the Claimant's costs.
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Jevons Simiyu Mukhongo v Harambee Sacco Society Limited [2021] KECPT 503 (KLR)
✦ The Tribunal found that a mandatory injunction should not be granted on an interlocutory application.
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James Mweri Kahunyo & 6 others v Commissioner for Co-operative Development [2021] KECPT 571 (KLR)
✦ The Tribunal has jurisdiction to enlarge time within which a party may Appeal against a surcharge Order
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Muki Sacco Society Limited v David Kimutai Ngetich; Ojiambo and Company Advocates (Garnishee) [2021] KECPT 525 (KLR)
✦ The default judgment is set aside ex debito justiciae.
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Rose Aluoch Oduka & 3 others v Martin Mwangi Muchoki [2021] KECPT 27 (KLR)
✦ The Applicant's Application for stay of execution of the Tribunal's ruling is dismissed with costs.
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Kenya Qatar Diaspora Sacco Ltd v Habakkuk H O Wamududa [2021] KECPT 6 (KLR)
✦ Respondent's application to file defence out of time is dismissed
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Simon Karangu v Mwiki Psv Sacco Society Limited [2021] KECPT 543 (KLR)
✦ The application is allowed, and an order is granted to stay the Respondent's decision to suspend the applicant from membership and to prevent harassment of the matatu business
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Jane Wangui Ndua v Telepost Sacco [2021] KECPT 613 (KLR)
✦ The Tribunal has jurisdiction to make orders regarding judgment on admission of facts.
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Fredrick Kinyua & 4 others v Gideon Gitonga; Jocet Auctioneers (Interested Party) [2021] KECPT 255 (KLR)
✦ The default judgment was a regular judgment on a liquidated claim, and the application for setting aside the judgment is dismissed.
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James Kiarie Muchiri v Aberdare Sacco Society Limited [2021] KECPT 512 (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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James Obiero & 2 others v Magereza Sacco Society Limited & 9 others [2021] KECPT 517 (KLR)
✦ The Tribunal finds that the Board of Directors did not have the mandate to amend/delegate eligibility requirements and that the elections conducted were not valid.
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Joseph Kamau Mugo v Chania Kibwezi Travellors Sacco [2021] KECPT 610 (KLR)
✦ The Tribunal will not grant the mandamus Order compelling the Respondent to release the motor vehicles from the NTSC portal.
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George Morara Ntabo v NHIF Savings & Credit Society Limited [2021] KECPT 508 (KLR)
✦ The Court finds that the Claimant is not entitled to Kshs.20,500/= as share capital, but the remaining Kshs.44,500/= is refundable.
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James Muhindi Machira & 2955 others v Relisa Housing Co-operative Society Limited [2021] KECPT 504 (KLR)
✦ The Tribunal has jurisdiction to entertain the claim.
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Isaac Murungi v Diligence Transport Services And Credit C0-Operative Society Limited & 3 others [2021] KECPT 540 (KLR)
✦ The suspension of the Claimant was not lawful and was quashed. The court ordered an inquiry into the affairs of the 1st Respondent by the Commissioner of Co-operatives.
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James Mwangi Githinji & 3 others v Peter Kamau Mwangi & another [2021] KECPT 511 (KLR)
✦ The suit is dismissed for want of prosecution.
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Johnson Gakuru Gachoki v Fortune Sacco Society Ltd & another [2021] KECPT 492 (KLR)
✦ The Court finds that the Claimant has met the threshold for granting the injunctions and orders interim orders for the preservation of the collateral.
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Titus Macharia Kimani v Metropolitan National Sacco Society Limited [2021] KECPT 615 (KLR)
✦ Judgment in favor of Claimant for Kshs.336,794/33 plus costs and interest
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Weldon Rotich v Metropolitan National Sacco Society Limited [2021] KECPT 617 (KLR)
✦ The Tribunal will determine whether the Claimant served the Notice of withdrawal upon the Respondent and whether the resolutions passed by the Respondent ousts the jurisdiction of the Tribunal to make any orders regarding refunds.