Kabuchoru v Metropolitan National Sacco Limited [2025] KECPT 268 (KLR)

Kabuchoru v Metropolitan National Sacco Limited (Tribunal Case 135/E249 of 2024) [2025] KECPT 268 (KLR) (Civ) (29 April 2025) (Judgment)

Neutral citation: [2025] KECPT 268 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 135/E249 of 2024

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

April 29, 2025

Between

Dickson Muriuki Kabuchoru

Claimant

and

Metropolitan National Sacco Limited

Respondent

Judgment

1. On 30. 1.2025 the Tribunal directed the Respondents to file the Claimant’s Loan Account Statement to enable it determine if the loan was fully paid as alluded by the Claimant.

2. On 17. 4.2025 the Tribunal followed up on the parties via an email to the Respondent’s Counsel on the Loan Account Statement.Unfortunately, as at the time of finalizing this judgment for delivering there is nothing filed to support themselves.

3. The Claimant had intimated they had cleared their loan despite an opportunity given by the Respondent’s to confirm the status of claimant and not having done so.We on a balance of probability tilt towards the Claimant a such judgment is entered in favour of Claimant against Respondent for Kshs. 2,509,747. 90/= plus cost and interest at Tribunal rates from date of filing claim.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 29TH DAY OF APRIL, 2025. HON. B. KIMEMIA CHAIRPERSON SIGNED 29. 4.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 29. 4.2025Hon. Beatrice Sawe Member Signed 29. 4.2025Hon. Fridah Lotuiya Member Signed 29. 4.2025Hon. Philip Gichuki Member Signed 29. 4.2025Hon. Michael Chesikaw Member Signed 29. 4.2025Tribunal Clerk JemimahMuinde for claimant- the respondent was to file statement of account. I pray for judgment in the matterNo appearance for RespondentHon. B. Kimemia Chairperson Signed 29. 4.2025