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Kenya decisions
Decisions matching the current search
Kenyatta Matibabu Sacco v Otieno [2025] KECPT 360 (KLR)
The Cooperative Tribunal awarded Kenyatta Matibabu Sacco KES 1,295,483.01 against a defaulting member, with costs and interest at Tribunal rates.
I & M Bank Limited v Kabew Kenya Limited & 2 others [2025] KEHC 8905 (KLR)
The court found that the plaintiff bank had established, on a balance of probabilities, that it advanced various credit facilities to the 1st defendant, which were secured by guarantees from the 2nd and 3rd defendants and debentures over the 1st defendant's assets. The defendants admitted receipt of the facilities but failed to adduce evidence to rebut the plaintiff's claim or substantiate their allegation that the bank failed to account for repossessed assets. The court held that the liability of the 2nd and 3rd defendants as guarantors was joint and several but limited to the guaranteed sum…
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Housing Finance Corporation v Khamisi & another [2025] KEELC 3690 (KLR)
The appellate court found that the appellant had demonstrated, through loan statements and uncontroverted evidence, how the outstanding balance of Kshs. 9,824,149.33 arose after the auction of the secured property. The 1st respondent admitted indebtedness and failed to file a defence to the counterclaim. The trial magistrate erred in dismissing the counterclaim, as the appellant was entitled to recover the outstanding loan balance, with interest, after applying the auction proceeds. The court applied the principle of restitutio in integrum and recognized the appellant's right to recover the d…
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Otumba v Owiti [2025] KECPT 194 (KLR)
The Cooperative Tribunal held that the claimant proved he guaranteed the respondent’s Sacco loans and was entitled to reimbursement after default deductions.
Mbithi v Sheria Sacco Socitety Ltd [2024] KECPT 914 (KLR)
The Tribunal found the claimant still owed Sheria Sacco Kshs. 716,551.30 after recovery from deposits and guarantors, and dismissed his claim.
Kihoro v Gitogo [2023] KECPT 72 (KLR)
The Tribunal ordered a borrower to refund Kshs 781,994 recovered from a guarantor after loan default, with costs and interest. General damages were dismissed.
Murambi & 3 others v Kariuki [2022] KECPT 894 (KLR)
The Tribunal held that guarantors who paid deductions for a defaulted loan could recover those sums from the principal debtor, but not the full loan amount.
National Bank Of Kenyao v John Kiprono Martin Langat T/A Allied Importex Enterprises & 2 others [2022] KEHC 10059 (KLR)
The High Court at Nakuru entered judgment for a bank in a debt recovery suit, finding the defendants liable for an unpaid loan and the guarantors liable for the guaranteed sums.
Jackson Kiogora Gitonga v Centenary Sacco Limited [2021] KECPT 284 (KLR)
The tribunal dismissed a claim against Centenary Sacco, finding that guarantors—not the Sacco—attached and sold the claimant’s goods after loan default.
Benson Irungu Mwaura v Sheria Co-operatives Savings & Credit Society of Kenya, Lucy Watiri Kamotho & Susan Wambui Kamotho [2020] KECPT 97 (KLR)
The Co-operative Tribunal held that the 2nd and 3rd respondents colluded to obtain a loan and were jointly liable to refund the recovered amount.
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