Ghalano Sacco Ltd v Maina [2023] KECPT 736 (KLR)

Ghalano Sacco Ltd v Maina (Tribunal Case E019 (442) of 2022) [2023] KECPT 736 (KLR) (Civ) (28 September 2023) (Judgment)

Neutral citation: [2023] KECPT 736 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case E019 (442) of 2022

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

September 28, 2023

Between

Ghalano Sacco Ltd

Claimant

and

Harun Mwega Maina

Respondent

Judgment

1. The matter for determination is vide a memorandum of claim dated 27/7/22 filed on 1/8/22. The claimant avers on 2/3/22 they advanced a loan of Kes 350,000/= to the respondent. The respondent made partial payment of Kes 7,000/= and has a balance of Kes 343,000/=. The loan facility has attracted penalties and interest and as at 25/7/22 the outstanding sum is Kes 450,144/=.

2. The Claimant prays for;a.A refund of Kes 40,144/=.b.Costs and interest at tribunal rates till payment in full.The Claimant filed Written Statement dated 27/7/22 and List of Documents dated 27/7/22 to support this claim on 1/8/22. The list included:a.Registration Certificate.b.Demand notice.c.Loan Application Form.d.Loan statement.e.Membership application form.f.Receipts.g.Cheques.h.Letter dated 10/3/2021.

3. The Respondent failed to enter appearance and the Claimant made a request dated 19/8/22 filed on 24/8/22 and Interlocutory Judgement entered on 14/9/22 and tribunal ordered for the Claimant to file the Respondent’s Statement of Account. The Claimant filed their written submissions dated 15/6/23 together with Respondent’s Loan Statement Report from 1/1/16 to 19/6/23 which shows the balance owing is Kes 295,222/=.

4. We note from the Affidavit of Service filed on 24/8/2022 sworn by Manasseh Onkangi an authorized court server, the Respondent was served at 13. 31 PM through her WhatsApp telephone number.

5. The respondent via a letter dated 8/3/21 wrote to the Chairman of claimant’s Sacco and registered to make payment of Kes 10,000/= per month. Despite the Respondents not entering appearance we find from this letter the same was an admission.

UpshotIn absence of respondent’s statement of defence and as per the loan statement report filed with written submissions by the claimant, we enter judgement in favour of the claimant against the respondent for Kes 295,222/= plus costs and interests of the suit.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 28TH DAY OF SEPTEMBER, 2023. Hon. Beatrice Kimemia Chairperson Signed 28. 9.2023Hon. J. Mwatsama Deputy Chairperson Signed 28. 9.2023Hon. Beatrice Sawe Member Signed 28. 9.2023Hon. Fridah Lotuiya Member Signed 28. 9.2023Hon. Philip Gichuki Member Signed 28. 9.2023Hon. Michael Chesikaw Member Signed 28. 9.2023Hon. Paul Aol Member Signed 28. 9.2023Tribunal Clerk JemimahNo appearance by the partiesJudgment read out in absence of the parties.Hon. J. Mwatsama Deputy Chairperson Signed 28. 9.2023