Kenyan case law
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Susan Otieno v Lilian Awuor Athoo &4 others [2020] KECPT 15 (KLR)
✦ The court finds that the Claimant has not established a prima facie case with a probability of success and dismisses the claim with costs.
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Samuel Marak & 6 others v Nyabomite Farmers Co-Operative Society Ltd & 4 others [2020] KECPT 118 (KLR)
✦ The Tribunal disallows the Claimant's Application dated 18.6.2019 and directs that the officials elected on 11.10.2018 continue being in office pending the hearing and determination of the main claim.
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Ezekial Gumbo v Bob Morgan Co-op Soc. Ltd [2020] KECPT 94 (KLR)
✦ The court granted the application for reinstatement of the suit.
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Jane Peninah Atieno Omange v Kimute Co-Operative Savings and Credit Society; Co-Operative Bank of Kenya Limited (Garnishee) [2020] KECPT 116 (KLR)
✦ The court confirmed the Order Nisi issued on 4.12.2019 against the Garnishee for the decretal amount of Kshs.120,000, costs at Kshs.51,940, and costs of the Application.
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Isaack Kigo Mbugua (Suing on his behalf and on behalf of 500 others member of Kenton Kijabe Hill Co-operative Society) v Kenton Kijabe Hill Sacco Limited (In Liquidation) [2020] KECPT 86 (KLR)
✦ The Tribunal finds that the Claimant has not established a prima facie case for an injunction.
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Sarah Busolo v Butali Savings and Credit Co-operative Society Limited [2020] KECPT 71 (KLR)
✦ The court finds that the claimant is entitled to refund of Kshs.152,000/=. The claimant is also liable to pay Kshs.258,615/=. The court orders for the refund to be recovered from her deposits and any other outstanding amount to be recovered from her personally.
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Teleposta Society Limited v Valarie Atieno Orango [2020] KECPT 124 (KLR)
✦ The ex parte judgment entered on 26.8.2019 is set aside on condition that the Respondent pays the claimant thrown away costs assessed at Kshs.20,000/=.
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Stephen Mwanzia Kithuka & 2 others v Muka Mukuu Farmers Co-operative Society Limited; Michael Mutote Muthukui & another (Interested Parties) [2020] KECPT 12 (KLR)
✦ The election of Mr. Michael Ngundo Kawinzi to the Management Committee is suspended, and a fresh election will be conducted in the next Annual General Meeting.
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Waweru Richu v Commissioner of Co-Operatives;Bila Jasho Hupati Sacco Limited (Bila Jasho Hupati Sacco Limited) [2020] KECPT 77 (KLR)
✦ The appeal is dismissed as the Appellant failed to comply with the mandatory provisions for filing an appeal and did not provide a proper basis to warrant the Tribunal to allow the appeal.
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Simon Njuguna Mburu v Orient Sacco Limited [2020] KECPT 6 (KLR)
✦ The Tribunal has jurisdiction to hear and determine the matter.
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Grace Wangeci Wachiuri v Urithi Housing Co -Operative Society Limited [2020] KECPT 14 (KLR)
✦ The Honourable Tribunal set aside the judgment entered on 27 January 2020 and granted leave to the Respondent to defend the suit.
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Titus Koceyo v Eddie Amadi [2020] KECPT 70 (KLR)
✦ The court held that the objector must demonstrate a legal or equitable interest in the property attached at the time of the attachment.
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Titus Koceyo v Eddie Amadi [2020] KECPT 121 (KLR)
✦ The court held that the objector must adduce evidence to show a legal and equitable interest in the property attached at the date of the attachment.
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Wycliffe Shivachi Amudavi v Invest and Grow Sacco Ltd [2020] KECPT 89 (KLR)
✦ The suit is not res judicata as the issues in the two suits are not the same. The Tribunal in CTC. No. 10/2016 did not make conclusive findings of fact regarding the Claimant's indebtedness to the Respondent.
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Linus Labanson Murithi & another v Mwalimu National Sacco Society Ltd & another [2020] KECPT 73 (KLR)
✦ The Tribunal dismissed the Application for review of the judgment.
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James Kariuki v Simon Gitahi Kariuki & 3 others [2020] KECPT 100 (KLR)
✦ The Tribunal has jurisdiction to review the Judgment and Orders if the 1st and 3rd Respondents can prove discovery of new and important matter, a mistake or error on the face of the record, or other sufficient reasons.
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Sarah Busolo v Butali Savings and Credit Co-operative Society Limited [2020] KECPT 93 (KLR)
✦ The court finds that the Claimant is entitled to a refund of Kshs.152,000/=. The Claimant is also liable to pay Kshs.258,615/= to the Sacco.
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Wilson Gitau Kabata v City Hoppa Sacco & 2 others ; Phrasia Wanjiru Kariuki(Intended Interested Party/Applicant) [2020] KECPT 115 (KLR)
✦ The Tribunal has jurisdiction to enjoin the Proposed Interested Party as a party to the proceedings.
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Simon Nguguna Mburu v Orient Sacco Limited [2020] KECPT 141 (KLR)
✦ The Judgment entered on 9th July, 2019 is set aside and the Respondent is granted leave to defend the Claim.
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Jacob Kyalo Matingi v Muka Mukuu Farmers Co-operative Society Limited & another [2020] KECPT 111 (KLR)
✦ The Tribunal lacks jurisdiction to review the judgment and orders of 4.10.2018.
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Grace Wangui Mundia & another v Stima Sacco Society Limited & another [2019] KECPT 53 (KLR)
✦ Grant temporary injunctive orders to prevent the 1st respondent from deducting claimants' salaries and refund Kshs.69,088.33 deducted from the 1st claimant's March 2019 salary
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Harley’s Limited v Kenya Bureau Of Standards [2019] KECPT 102 (KLR)
✦ The Applicant's goods did not comply with the set Kenya standard and the doctrine of legitimate expectation does not apply.
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Florence Kamene Ngalai v Kitui Teachers Sacco Society Limited & 3 others [2019] KECPT 60 (KLR)
✦ The bill of costs dated 16.7.19 assessed at Kshs.101,030.20/=. The same was not opposed despite service as per Affidavit of Service dated 20.9.19.
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Sharon Wangai v Linda Wacheke Gitau [2019] KECPT 48 (KLR)
✦ The court confirmed prayer 7 as an alternative for prayer 6, which gives effect to prayer 6.
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Stephen Munyoki Nyamai v Regency Sacco Society Limited [2019] KECPT 58 (KLR)
✦ The officials are capable of being arrested and committed to civil jail for the debts of the society