Stima DT Sacco v Angila [2025] KECPT 234 (KLR) | Loan Recovery | Esheria

Stima DT Sacco v Angila [2025] KECPT 234 (KLR)

Full Case Text

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