[2025] KECPT 234 (KLR)
The tribunal found that the judgment debtor failed to demonstrate any bona fide effort to repay the loan, either before or after losing his employment. Despite the existence of a consent order for payment by instalments, the respondent defaulted and provided no evidence of partial payments or concrete steps to...
Source-derived case information.
- Citation
- [2025] KECPT 234 (KLR)
- Parties
- Applicant: Stima DT Sacco; Respondent: Dan Angila
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 96/E017 of 2022
- Procedural Posture
- Notice to Show Cause / Ruling on Execution Proceedings
- Outcome
- Notice to show cause allowed; warrant of arrest issued against the judgment debtor.
- Judges
- BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki
- Legal Topics
- Loan Recovery, Execution of Decree, Consent Judgment, Instalment Payment, Default on Loan
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stima DT Sacco
Applicant
Dan Angila
Respondent
Procedural Posture
Notice to Show Cause / Ruling on Execution Proceedings
Legal Issues
- 1 Whether the judgment debtor has provided sufficient cause to set aside the notice to show cause for execution.
- 2 Whether the tribunal should grant an extension of time for the judgment debtor to settle the decretal sum in instalments.
Ratio Decidendi
The tribunal found that the judgment debtor failed to demonstrate any bona fide effort to repay the loan, either before or after losing his employment. Despite the existence of a consent order for payment by instalments, the respondent defaulted and provided no evidence of partial payments or concrete steps to settle the debt. The tribunal was not convinced by the plea for extension of time, as no attempt at repayment had been made. Consequently, the tribunal allowed the notice to show cause and issued a warrant of arrest against the judgment debtor to enforce the decree.
Court Disposition
Notice to show cause allowed; warrant of arrest issued against the judgment debtor.
Orders
- Notice to show cause dated 2/10/2024 is allowed.
- Warrant of arrest is issued against the judgment debtor.
Full Case Text
Judgment text and source record
17 paragraphs
Stima DT Sacco v Angila (Tribunal Case 96/E017 of 2022) [2025] KECPT 234 (KLR) (27 February 2025) (Ruling)
Neutral citation: [2025] KECPT 234 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 96/E017 of 2022
BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya & P. Gichuki, Members
February 27, 2025
Between
Stima DT Sacco
Claimant
and
Dan Angila
Respondent
Ruling
1. Application for determination in Notice to Show Cause dated 2nd September, 2024 which sees execution for Kshs 4,682,096. 06 as the decretal sum.The Judgment Debtor filed a Replying Affidavit sworn on 20th November, 2024 where Ran Ayika Oluta the Judgment Debtor intimated that there was a consent executed by his lawyer on 24th March, 2023, which was adopted by the Tribunal on 18th July, 2023 which consent alluded to the loan being liquidated in monthly instalments of Kshs. 94,429. He however stated their payment was irregular and at some point, in October, 2023 he was suspended from office. He has not been in gainful employment since then.
2. Judgment Debtor wishes to plead with the Tribunal to extend time to enable him make good his debt within 6 months. We have looked carefully into the Replying Affidavit of Judgment Debro and then despite the Judgment Debtor having lost his source of income no attempt has been made either earlier or at present to repay the loan.The Judgment Debtor defaulted and there is no evidence to convince us to set aside the Notice to Show Cause dated 2/10/2024. Upshot.Notice to show cause dated 2/10/2024 is hereby allowed and warrant of arrest are issued against the Judgment Debtor.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF FEBRUARY, 2025. HON. B. KIMEMIA - MCHAIRPERSON SIGNED 27. 2.2025HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 27. 2.2025HON. BEATRICE SAWE - MEMBER SIGNED 27. 2.2025HON. FRIDAH LOTUIYA - MEMBER SIGNED 27. 2.2025HON. PHILIP GICHUKI - MEMBER SIGNED 27. 2.2025Tribunal Clerk J.MutaiNo appearance by parties.HON. B. KIMEMIA - CHAIRPERSON SIGNED 27. 2.2025