Ceaser Muraguri Kagiri v Telepost Sacco Society Ltd [2021] KECPT 609 (KLR)

REPUBLIC OF KENYA

IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI

TRIBUNAL CASE NO.277 OF 2020

CEASER MURAGURI KAGIRI........................................CLAIMANT

VERSUS

TELEPOST SACCO SOCIETY LTD...........................RESPONDENT

RULING

1. Application dated 7/10/20 seeking the following prayers;

i. Judgment on admission be entered in favour of the Claimant/Applicant in the amount of Kshs.240,613/= plus costs and interest.

ii. Costs of this application be awarded to the Claimant.

Based on the grounds of the face of the Application and supported by the Affidavit of Geoffrey Odhiambo Genga for the Claimant.

The Respondent filed a Replying Affidavit on 6/11/20 deponed by Samuel Maumbe senior staff of the Respondent.

The gist of the matter is that the Application seeks for judgment of admission for Ksh.240,613/= as per the defence of the Respondent filed on 24/9/20.

2. The Respondent in the Replying Affidavit deponed they have not refused to refund  but have delayed owing to backlog of refunds and effort to pay in a first in, first out basis.

They Could not manage to settle matter out of court with two installments of November and December 2019 because of the financial constraints.

3. We have considered the submissions of both parties and find that the Respondent does not deny indebtness to the Claimant to the tune of Ksh.240,613. 00 as admitted in the defence therefore we enter judgment on admission in favour of the Claimant against the Respondent for Kshs.240,613. 00 plus costs and interest.

4. Parties to engage each other on the way forward in the matter particularly in the un admitted Ksh.21,259. 00.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY THIS 27TH  DAY OF MAY, 2021.

Hon. B. Kimemia   Chairperson   Signed  27. 5.2021

Hon. J. Mwatsama  Deputy Chairperson Signed  27. 5.2021

Mr. P. Gichuki    Member   Signed  27. 5.2021

Tribunal Clerk   Leweri

Maumbe  on behalf  of Respondent : Present

Ngenga  Advocate  for Claimant: Present

Mention  on  27. 7.2021  for further  directions.

Hon. B. Kimemia   Chairperson   Signed  27. 5.2021