[2025] KECPT 362 (KLR)

[2025] KECPT 362 (KLR)

The tribunal found that the claimant failed to produce a guarantee agreement or evidence linking the deductions from her account to a loan guaranteed for the respondent. No documentary proof was provided to establish the existence or terms of the guarantee, the amount of the loan, or the claimant's liability. As...

Source-derived case information.

Citation
[2025] KECPT 362 (KLR)
Parties
Applicant: Nelly Aluanga; Respondent: Justus Mokaya; Interested Party: Mwalimu National Sacco
Court
Cooperative Tribunal
Jurisdiction
Kenya
Judgment Date
26 June 2025
Case Number
Tribunal Case E941 of 2023
Procedural Posture
Tribunal Claim / Judgment After Formal Proof
Outcome
Claim partly allowed; main monetary and injunctive reliefs denied for lack of proof; orders for account reconciliation and disclosure granted; no order as to costs.
Judges
Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Loan Guarantees, Burden of Proof, Contractual Liability, Account Reconciliation
Source Language
english
Civil Procedure Commercial and Corporate Loan Guarantees Burden of Proof Contractual Liability Account Reconciliation

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Parties

Nelly Aluanga

Applicant

Justus Mokaya

Respondent

Mwalimu National Sacco

Interested Party

Procedural Posture

Tribunal Claim / Judgment After Formal Proof

Legal Issues

  1. 1 Whether the claimant proved the existence of a valid guarantee agreement with the respondent.
  2. 2 Whether the claimant is entitled to reimbursement of sums deducted towards the respondent's loan.
  3. 3 Whether the claimant is entitled to an order compelling the respondent to pay the outstanding loan.

Ratio Decidendi

The tribunal found that the claimant failed to produce a guarantee agreement or evidence linking the deductions from her account to a loan guaranteed for the respondent. No documentary proof was provided to establish the existence or terms of the guarantee, the amount of the loan, or the claimant's liability. As such, the claim for a mandatory injunction and reimbursement failed for lack of proof. However, given the absence of a defence and the claimant's demand for account information, the tribunal ordered reconciliation of accounts and disclosure of relevant loan and guarantee documents by the interested party, in the interest of justice.

Court Disposition

Claim partly allowed; main monetary and injunctive reliefs denied for lack of proof; orders for account reconciliation and disclosure granted; no order as to costs.

Orders

  • Prayer (a) for mandatory injunction fails for lack of proof.
  • The interested party is ordered to reconcile the accounts and statements of the claimant and respondent to ascertain any amounts deducted from the claimant towards settlement of the respondent’s loan arrears.