Ghalani Sacco Limited v Kagombe [2024] KECPT 1377 (KLR)

Ghalani Sacco Limited v Kagombe (Tribunal Case 444/E021 of 2022) [2024] KECPT 1377 (KLR) (29 August 2024) (Judgment)

Neutral citation: [2024] KECPT 1377 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 444/E021 of 2022

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

August 29, 2024

Between

Ghalani Sacco Limited

Claimant

and

Stephen Kingori Kagombe

Respondent

Judgment

1. The claim herein was brought by the Claimant vide Memorandum of Claim dated 27th July, 2022 filed on 1st August of 2022. The Claimant claims for refund of the Kshs. 57,664 /= which it states the outstanding sum of loan of Kshs.60,000/= which was advanced by the Claimant to the Respondent on or about 2/3/2020 as a member number 19865152 of the Claimant. The Claimant states that out or the loan amount or the Kshs.60,000/= the Claimant made partial payment of Kshs 21,000/= leaving a balance of Kshs.42,000/= that the loan has attached penalties and interest which instead at Kshs 57,664/= at 25/7/2022 that the Respondent had jailed and to make the claim despite the demand the Claimant prays for judgment the Claimant the Respondent for the refund of the sum of Kshs. 57,664/= costs and interest at Tribunal rates till payment in full on 01/08/2022 the Claimant filed its witness statement dated 27th July, 2022 and List of Documents is even date the Respondent failed to file a Memorandum of Appearance and response and interlocutory judgement was entered on 14/9/2022

2. The Claimant advocate in the courage of the preceding informed the Tribunal that the Respondent was making payment through the amount paid during was not indicated to the Tribunal. Eventually on 07/09/2025, the Claimant’s advocates requested to proceed by way of written submissions the tribunal directed the Claimant’s advocates to file submissions for within 14 days from the paid date

Determination 3. As at the date of writing this judgment the Claimant had not filed the submissions we have considered all the documents on record and note that claim for liquated amount which claim and the Claimant has supposed by the documents attached to its Lists of Documents notably the loan Application form loan statement application form payment cheque for Kshs. 60,000/= the loan statement produced by the Claimant loan amount plus interests amounted Kshs. 63,600/= as at 06/10/2020 that the Claimant paid the sum of Kshs. 10,600/= on 13/11/2020 and Kshs. 10,600/= on 06/01/2021 leaving a balance of Kshs.42,400/= as at the laid date. In the absence of any evidence in support of the Claimants claim for of Kshs. 57,664/= we decline to award the same and instead enter judgement in favor of the Claimant against the Respondent in the sum of Kshs 42,400/= plus costs and interest at Tribunal rates from the date of ruling with until payments in full.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 29TH DAY OF AUGUST, 2024. Hon. B. Kimemia - Chairperson Signed 29. 8.2024Hon. J. Mwatsama - Deputy Chairperson Signed 29. 8.2024Hon. Beatrice Sawe - Member Signed 29. 8.2024Hon. Fridah Lotuiya - Member Signed 29. 8.2024Hon. Philip Gichuki - Member Signed 29. 8.2024Hon. Michael Chesikaw - Member Signed 29. 8.2024Hon. Paul Aol - Member Signed 29. 8.2024Tribunal Clerk JonahNo appearance by parties.Delivered in absence of parties.Hon. J. Mwatsama - Deputy Chairperson Signed 29. 8.2024.