Search court decisions

…The Applicant averred that it sought to introduce a counterclaim on the outstanding loan by the Claimant after his termination on 4th July,2018.…

…That at the date of termination the Claimant’s loan was outstanding at Kshs 1,009,850.68 which was converted to commercial loan on 5th July,2018.…

…Thereafter the claimant brought this suit claiming an outstanding staff loan of Kshs. 8,864,574.29 from the respondent.…

…The loans were serviceable through payroll check-off system and as at the time of her exit, the respondent had an outstanding loan balance of Kshs. 8,864,574.29.…

…By the Counterclaim, they sought against the Claimant; a declaration that he is liable to settle all outstanding loans due to the Respondent together with interest at the prevailing commercial bank interest rates until payment…

…in full; the sum of KShs. 3, 032, 798.26 being the outstanding loan liabilities due from him to them on account of the facilities advanced by the Respondent; interest on the sum sought at prevailing commercial bank interest…

…Thereafter the claimant brought this suit claiming an outstanding staff loan of Kshs. 8,864,574.29 from the respondent.…

…The loans were serviceable through payroll check-off system and as at the time of her exit, the respondent had an outstanding loan balance of Kshs. 8,864,574.29.…

…The Appellant states that tax waiver of Kshs. 171,062 was applied to the Respondent’s Sacco Loan owed to Bonde La Ufa Sacco where the Respondent had an outstanding loan of Kshs. 150,741. 6.…

…The tax waived is not payable to the Respondent as it was applied to payment of the outstanding loan owed by the Respondent to the Sacco Kshs. 150,741 and the difference of Kshs. 20,321.74 paid to the Respondent. 11.…

…From the October Pay slip it can be seen the outstanding loan was Kshs 77,000/= which this court allows. This ground of appeal therefore succeeds.…

…It is the Respondent’s case that as a consequence of the default, it elected to enforce the Charge security by issuing a demand dated 20th March, 2024 for the payment of the total outstanding loan arrears.…

…It avers further that the Claimant remains under a contractual obligation to repay the outstanding loan facility. 19. Parties urged the application by way of written submissions, and which have been duly considered.…

…plaint, affidavit and documents that the main basis of the suit and the application is that by a letter dated 19.3.96, the defendant gave the 2nd and 3rd plaintiffs authority to seel some properties in order to repay the outstanding…

…loan.…

…The only loan she had outstanding was the car loan referenced 211 284. ii.…

…As per the record at the Credit Reference Bureau it turns out that the loan amount outstanding, if any, is very minimal.…

…(iii) A declaration that the 1st Respondent is liable to settle the outstanding loan arrears with the penalties and interest thereon on account of the loan facility that was advanced by the 2nd Respondent to the Claimant…

…In light of the above, the Court orders: (i) A declaration is hereby issued that the 1st Respondent is liable to settle the outstanding loan arrears together with interest and penalties due to the 2nd Respondent from the…

…The loans were serviceable through payroll check-off system and as at the time of her exit, the respondent had an outstanding loan balance of Kshs. 7,194,767.05.…

…It was argued that the Respondent ought to have called the director who he allegedly wrote off the outstanding loans for other employees, including his.…

…The claimant responded denying any wrong doing but then requested for time to pursue the loan defaulter for recovery of the outstanding loans. 7. He was unable to recover all the loan and he was suspended.…

…The respondent counterclaim is for Kshs.266,790.70 being the outstanding SACCO loan after factoring the claimant’s terminal dues of Kshs.190,890,85, SACCO deposits of Kshs.344,481.13 and saving of Kshs.470.…

…That since her termination she has being unemployed, with outstanding loans, wages and vacations pay, pay in lieu of notice, medical cover and severance pay among other benefits.…

…The Claimant admitted that she had an outstanding loan of Kshs 248,389 with the Respondent at the time of termination.…

…In the worst case scenario therefore the property could be sold by the respondent to recover part or all of the outstanding loan. 36.…

…The Court therefore is not satisfied that the respondent acted unreasonably in dismissing the claimant on account of his outstanding loans and without giving him a hearing on whether he had an offer or not how the loans can…

…The agreement related that the appellant desired to clear the entire outstanding loan.…

…the Statement of Claim; an injunction compelling the Respondent to him a grace period of 6 months from January 2017 so as to restart servicing his loan over the property situated in Meru County and apply staff rate on the outstanding…

…loan balance till full payment; costs and interest. 2.…

…as the local pastor he was instrumental in the purchase of the plot and that he and his wife took loans from the Kenya Assemblies of God Cooperative to finance the purchase of the church plot and are still servicing an outstanding…

…loan of Kshs. 730,000 invested in the Respondent’s church plot, buildings, and furnishings which the Applicant was assured by the Respondent that it would refund.…

…There were also other loans cleared by respondent's clients following improvement of their economic status-a factor which the claimant had no control of as it is the right of every borrower to clear outstanding loan(s) with…

…Michael further submitted that the claimant was subjected to unfair labour practice and servitude when all his computed dues were used to offset an outstanding loan with the SACCO.…

…He still owes theplaintiff company some money as the proceeds from the sale of the vehicle could not clear the outstanding loan. But evidenceof Mr. Bunei (PWI) and Mr.…