Kabocha v Urithi Housing Co-operative Society Limited [2024] KECPT 1497 (KLR)

Kabocha v Urithi Housing Co-operative Society Limited (Tribunal Case 202 of 2023) [2024] KECPT 1497 (KLR) (26 September 2024) (Judgment)

Neutral citation: [2024] KECPT 1497 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 202 of 2023

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

September 26, 2024

Between

Danson Ndichu Kabocha

Claimant

and

Urithi Housing Co-operative Society Limited

Respondent

Judgment

1. The matter for determination is a Statement of Claim dated 28th March 2023. In the Statement of Claim, the Claimant avers that he is a member of the Respondent, member number UHCSL/24687. According to the Claimant he entered into a contract with the Respondent for the purchase of land, in a development project initiated by the Respondent titled “Ruiru Ridges” for a consideration of Kshs. 1,950,000/-. The Claimant claims that he paid the money, and she is yet to be shown the land. The claimant therefore prays fora.The sum of Kshs. 1,950,000/= being refund to the Claimant from the Respondent.b.Costs of the suit.c.An order to liquidate the Claimant shares with the Respondent and remunerate the Claimant.d.Interest on (a) and (b) above.e.Any other or further relief that this Honourable court may deem fit and just to grant.The Claimant filed a Witness Statement and a List of Documents in support of her claim.

2. The Respondent filed a Memorandum of Appearance on 25th April 2023 and and filed on 15th November 2018, and a Statement of Defence on 8th May 2023. In the Statement of Defence, the Respondent admits that the Claimant was its member. The Respondent agrees that it executed a letter of offer dated 29th November 2017 for the sale of a plot of land on the project dubbed Ruiru Ridges but the same did not take off because the Claimant did not meet his financial obligations in the letter of offer.

3. During hearing, the Claimant testified and produced his witness statement and list of documents for adoption by the court. In his testimony, the claimant reiterated his claims in the statement of claim. The Respondents did not present any witnesses during the hearing.

4. At the time of writing this judgement, only the Claimant had filed his submissions. In their submissions, the Claimant avered that he had proved his case. He submitted that the Respondent did not deny the existence of a contract, and that the Claimant’s statement remains uncontroverted.

Analysis 5. The Tribunal has noted all the pleadings filed and the evidence produced during the hearing. The submissions of the Claimant have also been duly considered.

6. It is not in dispute that the Claimant was a member of the Respondent. The Respondent admits to this fact. It is also not in dispute that the Claimant and the Respondent executed a letter of offer under which the Claimant was to pay Kshs. 1,950,000/- . What is in dispute is whether the Claimant paid the money he was to pay under the offer letter. The Claimant has submitted copies of receipts that bear the stamp of the Respondent. During the hearing, the Respondents asked the Claimants whether they have filed the RTGS, which the Claimant responded that they didn’t, since they filed receipts that they received from the Respondents. The Respondents did not call any witness to produce the witness statement filed, and neither did they file any submissions. The evidence of the Claimant is, therefore, not controverted. We are inclined to believe the Claimant’s claim that they indeed paid the money since they have produced copies of receipts, and the Respondents have not disputed the same.

7. The upshot of the above is that we find merit in the Claimant’s claim. We order as follows:a.A refund of Kshs. 1,950,000/=.c.Costs of suit and interest from the date of filing suit at Tribunal rates.

JUDGMENTSIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF SEPTEMBER, 2024. HON. B. KIMEMIA CHAIRPERSON SIGNED 26. 9.2024HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 26. 9.2024HON. BEATRICE SAWE MEMBER SIGNED 26. 9.2024HON. FRIDAH LOTUIYA MEMBER SIGNED 26. 9.2024HON. PHILIP GICHUKI MEMBER SIGNED 26. 9.2024HON. MICHAEL CHESIKAW MEMBER SIGNED 26. 9.2024HON. PAUL AOL MEMBER SIGNED 26. 9.2024Tribunal Clerk JemimahNo appearance by parties.Judgment delivered.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 26. 9.2024