Kidula & another v Urithi Housing Co-operatives Society Limited [2023] KECPT 774 (KLR)

Kidula & another v Urithi Housing Co-operatives Society Limited (Cause E668 (417) of 2022) [2023] KECPT 774 (KLR) (15 August 2023) (Judgment)

Neutral citation: [2023] KECPT 774 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Cause E668 (417) of 2022

J. Mwatsama, Vice Chair, F Lotuiya & P. Gichuki, Members

August 15, 2023

Between

Frankline Lusega Kidula

1st Claimant

Masta Lilian

2nd Claimant

and

Urithi Housing Co-Operatives Society Limited

Respondent

Judgment

1. The Claimant filed a claim vide Statement of Claim dated 8. 7.2022 on 20. 7.2022 where the Claimant avers to have entered into an Agreement with Respondent on 4. 4.2018 for sale of Plot Number 44 L.R.10823/47 and paid Kshs. 1,400,000/=.

2. The Respondent did not Honor their end of bargain and have not refunded the amount despite demand.

3. The Claimant filed List of Documents dated 8. 7.2022 evidencing payment and Sale Agreement.

4. The Respondent unfortunately did not enter appearance and as such Interlocutory Judgment was entered against them on 29. 11. 2022. matter came for Formal Proof today 15. 8.2023 the Claimant testifying.

5. With no Defence on record we are convinced the Claimant has proved their case.As such we enter judgment in favour of Claimant against Respondent for Kshs. 1,400,000/= plus cost and interest of the suit.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 15TH DAY OF AUGUST, 2023. HON. J. MWATSAMADEPUTY CHAIRPERSONHON. FRIDAH LOTUIYAMEMBERHON. PHILIP GICHUKIMEMBER