Komora v Ukulima Housing Co-operative Society Limited [2024] KECPT 1392 (KLR)

Komora v Ukulima Housing Co-operative Society Limited (Tribunal Case 721 (E697) of 2023) [2024] KECPT 1392 (KLR) (29 August 2024) (Judgment)

Neutral citation: [2024] KECPT 1392 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 721 (E697) of 2023

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

August 29, 2024

Between

Collins komora

Claimant

and

Ukulima Housing Co-operative Society Limited

Respondent

Judgment

Claimants 1. The Claimant’s case is based on the Statement of Claim dated 19/9/2023, his documents of 19/9/2023 his Witness Statement dated 19/9/2023 and the hearing of the case on 16/7/2023. In the Statement of Claim the Claimant confirm that he was a member of the Respondent from 9/2/2011 member No. 2656. The Respondent made the claimant an offer on 25/9/2017 for law reference No. 343/5 Lukenya Mavako Municipality for plot number 172 and 173. He states that upon acceptance of the offer on 25/9/2017 he made full purchase of the said 2 plots for Kshs. 2,160,000/=. He states that the Respondent failed to transfer the said 2 plots to him despite demand notices.He prays that this Court orders that he is rightful owner of L.R 343/5 Lukenya Municipality (plots 172 and 173) and subsequently order the Respondent to transfer the said 2 plots to him or in the alternative refund his money Kshs.2,160,000/= together with interest of 14% per annum from 25/9/2017 until date of payment in full.

2. In his statement dated 19/9/2023 the Claimant details how he got the offer from the Respondent and the conditions contained therein in the offer letter. The Claimant has also filed his documents vide his letter dated 19/9/2023. In his documents, he has filed document CKO 3 for sale of LR No. 343/5 Lukenya Mavoko Municipality and a payment receipt of the Kshs. 2,160,000/= by the Respondent dated 25/9/2017. During the hearing of the case on 16/7/2024 the claimed adopted his witness statement his documents and adopted them as his evidence in chief.During the hearing he stated that he would wish to get a refund of his money plus interest since the land/plot issue had taken too long.

Defence Case 3. There being an interlocutory judgement entered against the Respondent on 12/3/2024 the case proceeded undefended by way of formal proof on 16/7/2024.

Findings 4. It is evident from the Claimant’s statement his witness statement and also his documents that in deed the entered into an offer agreement with the Respondent for sale of the said plot, 172 and 173 of land reference No. 343/5 Likenya Mavoko Municipality.The Respondent has acknowledged receipt funds Kshs.2,160,000/= being full payment for the 2 plots. We observe that the defendant has not defended this case.

Conclusion 5. We find that the Claimant has adequately prosecuted his case while the Defendant has not defended the case. In view of the above observations and we allow the claimant and grant the alternative (prayer) and order the Respondent to refund the Claimant Kshs 2,160,000/= with interest at Tribunal rates from the date of filing. We also award costs of suit to the Claimant.

Upshot 1. Judgement is entered in favour of Claimant against Respondent in terms of prayer d.

2. Respondent to pay Claimant Kshs.2,160,000/= plus cost and interests at Tribunal rates.

JUDGMENT SIGNED, DATED 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 JonahJudgment delivered in absence of parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 29. 8.2024