Kenyan case law
-
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.
-
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.
-
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.
-
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.
-
James Muhindi Machira & 2955 others v Relisa Housing Co-operative Society Limited [2021] KECPT 504 (KLR)
✦ The Tribunal has jurisdiction to entertain the claim.
-
James Mwangi Githinji & 3 others v Peter Kamau Mwangi & another [2021] KECPT 511 (KLR)
✦ The suit is dismissed for want of prosecution.
-
Felister Wambui Mwaura v Amica Savings & Credit & another [2021] KECPT 501 (KLR)
✦ The Tribunal granted the temporary injunction.
-
Teleposta Sacco Society Limited v Philip Tirop Katam; Tobias Apollo (Interested Third Party) [2021] KECPT 523 (KLR)
✦ The Tribunal granted the Respondent's application to enjoin the Proposed Third Party as a Third Party in the proceedings.
-
Universal Traders Sacco v Paul Muoki Muya [2021] KECPT 261 (KLR)
✦ The default judgment is set aside, and the respondent is granted 10 days to file and serve a defence.
-
Vincent Owuor v Nomination Committee, Sheria Sacco Society Limited [2021] KECPT 585 (KLR)
✦ The Tribunal has jurisdiction to determine the dispute. The applicant exercised due diligence and there is no prejudice in clearing the applicant to vie for the position of Board member.
-
Sot Tea Growers Rurals Co-Operatives Savings & Credit Society Limited &10; others v Zakayo Sang & 9 others [2021] KECPT 598 (KLR)
✦ The Tribunal does not have jurisdiction to entertain the claims or disputes regarding Stegro EPZ Tea Factory Limited.
-
Wakenya Pamoja Sacco Society Limited v Evans Ndemo [2021] KECPT 277 (KLR)
✦ The court will consider the reasons for the failure of the defendant to enter appearance or file the Defence, the length of time since the default judgment, whether the intended defence raises triable issues, and the respective prejudice each party is likely to suffer.
-
Sammy Kipchirchir Maiyo v Air Kenya Sacco Society Limited; Co-operative Bank of Kenya (Garnishee) [2021] KECPT 238 (KLR)
✦ The Application is dismissed as the claim is statute barred.
-
Shadrack Mutie Muthiani & 8 others v Stima Sacco Credit Co-operative Society Limited & another [2021] KECPT 236 (KLR)
✦ The Tribunal finds that the 1st Respondent did issue a default notice to the Applicants/Claimants, and the Applicants/Claimants knew the exact loan amounts disbursed.
-
Solution Savings and Credit Co-operative Society Limited v Tharaka Nithi Cereals Market Co-operative Union & another [2021] neKLR [2021] KECPT 570 (KLR)
✦ The default judgment entered on 26.8.2019 is set aside.
-
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.