Eastleigh Route Sacco Limited v Mburugu & another [2023] KECPT 811 (KLR)

Eastleigh Route Sacco Limited v Mburugu & another (Tribunal Case 15 of 2021) [2023] KECPT 811 (KLR) (Civ) (3 August 2023) (Ruling)

Neutral citation: [2023] KECPT 811 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 15 of 2021

BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members

August 3, 2023

Between

Eastleigh Route Sacco Limited

Claimant

and

Anthony Mburugu

1st Respondent

Kennedy Kigame

2nd Respondent

Ruling

1. The Respondents; Mr. Anthony Mburugu and Mr.Kennedy Kigame are members of Eastleigh Route Sacco Limited who are the Claimants in this case.

2. Both of the Respondents applied for loans from the Claimant vide Loan Application and Agreement Forms dated 21st September 2012 and 26th October 2012.

3. According to the Loan Application and Agreement Forms, the first loan was to be repaid within a period of five (5) months while the second loan was to be paid within twelve (12)months.

Claim 4. A Statement of Claim dated 17. 12. 2020 was filed on 21. 1.2021 by the Claimant seeking for the following:i.Payment of outstanding amount of Kshs. 226,309/=ii.Costs of the claimiii.Interest on (i) and (ii) at the Court’s rates until payment is made in full.iv.Any other relief that the Honourable Tribunal deems just and fit to grant.

5. To back up the claim, the Claimant filed the Loan Application and Agreement Form dated 21st September, 2012 and 26th October, 2012. Further, the Loan Statement for the Respondents from 1st January 2012 to 30th December 2020 and their Loan Summary Account dated 30th November, 2020 was filed.

Respondent’s Defence 6. The Respondents entered appearance and filed their Defence dated 8th February 2021 and denied all the claims.

7. Stung by the contents of the Respondent’s Defence, the Counsel for the Claimant filed a Notice of Motion Application dated 30th May 2022 and sought for the following orders:i.That the Respondent’s Statement of Defence dated 8th February 2021 be struck out.ii.That this Honourable court be pleased to enter summary judgment for the Claimant/Applicant against the Respondents herein as prayed in the Statement of Claim plus costs and interest thereof.iii.That the Defendants/Respondents do pay the costs of this Application.iv.That this Honourable court be pleased to issue any other relief that it may deem fit to grant.

8. On its part, the Tribunal issued an order dated 21st June 2022 in which the Respondent was given 14 days to respond to the Notice of Motion Application dated 30. 5.2022 after being served by the Claimant’s Counsel.

9. The Respondent did not comply with the orders.

10. In the quest to render fair hearings to both the Claimant and the Respondent, the Tribunal at the mention date of 21. 6.2022 ordered the parties to file Written Submissions and granted 14 days to the Claimant to file and serve the Respondent and granted 14 days to the Respondent to file and serve.

11. The Claimants filed their Written Submissions dated 30th November, 2022 while the Respondents did not file any Written Submissions.

Analysis 12. In the absence of Written Submissions from the Respondents and any evidence of payment of the loan this Tribunal is left with no other option other than to make a decision based on the oral evidence of Anthony Mburugu on 17. 4.2023 where he stated:“I do not have details of the case, I had given a payment plan.”

13. Further, in the Claimant’s Written Submissions it is stated at paragraph 3 on page 2 that the Respondent’s advocate had reached out to the Claimant with a consent proposal where a sum of Kshs. 226,309/= was admitted.

14. The Tribunal has considered the Claimants claim dated 17. 12. 2020 the Respondent’s Defence dated 8. 2.2021 the Claimant’s Notice of Motion Application dated 30. 5.2022 and the Claimant’s Written Submissions dated 30. 11. 2022 and order as follows:i.The Claimant’s Application dated 17. 12. 2020 is allowed.ii.That the Respondents Statement of Defence dated 8th February 2021 is hereby struck out.iii.That this Honourable court is pleased to enter summary judgment for the Claimant/Applicant against the Respondents herein as prayed in the statement of claim plus costs and interest thereof for Kshs. 226,309/=.iv.That the Defendants/Respondents do pay the costs of this Application jointly and severally.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 3RD DAY OF AUGUST, 2023. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 3. 8.2023HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 3. 8.2023HON. BEATRICE SAWE MEMBER SIGNED 3. 8.2023HON. FRIDAH LOTUIYA MEMBER SIGNED 3. 8.2023HON. PHILIP GICHUKI MEMBER SIGNED 3. 8.2023HON. MICHAEL CHESIKAW MEMBER SIGNED 3. 8.2023HON. PAUL AOL MEMBER SIGNED 3. 8.2023TRIBUNAL CLERK JEMIMAHMiss Auga for Claimant/ApplicantNo appearance