Lily Nafula Wephukhulu v Huduma Co-op Saving and Credit Ltd Society [2021] KECPT 281 (KLR)

REPUBLIC OF KENYA

IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI

TRIBUNAL CASE NO. 679 OF 2019

LILY NAFULA WEPHUKHULU................................................................CLAIMANT

VERSUS

HUDUMA CO-OP SAVING ANDCREDIT LTD SOCIETY................RESPONDENT

JUDGMENT

1. The Claimant filed a plaint dated 28 / 10/2019 on 30/10/2019. The Claimant states she became a member of Huduma Co-op Saving and Credit Society on 8/10/14. She was employed as a cleaner with Guru Nanak Ramagharia Temple and paid Ksh2,720/= which accumulated as follows entrance fee Kshs1,000/= Shares Kshs1,500/=, Co-op commission Ksh20/= and benevolent funds Kshs200/= That as at 1/8/15 the Claimant had contributed Kshs26,000/= however, her current account statement shows  her account to have Kshs.33,650/=

2. In September 2015, the Claimant lost her job and in November 2015 wrote a resignation letter requesting for payment of her contribution which stood at Kshs26,000/=. The Respondent requested her to wait for three months and had not been paid at the time of filing suit. The Claimant claims Kshs.33,650/= as indicated by the Respondent and Claimant requests to be paid the same.

3. The Respondent filed Statement of Admission dated 31/12/19 on 2/1/20. The Respondent in paragraph 4 admitted to the sum of Kshs19,190/= In paragraph 5 the Respondent stated they are willing to pay the Claimant in installment of Kshs5,000/= until payment in full.

In contradiction the Respondent in paragraph 8 states the claim is res judicata and should be dismissed with costs and that they would be seeking  for refund of Ksh19,190/= till payment in full  from Claimant.

4. The court directed that the matter be dispensed by way of written submissions on 12/10/20. The Claimant filed their written submissions dated 1/3/21 filed on 4/3/21.

5. As per the documents attached by the Claimant at the time of filing suit, the receipts are proof of payment and thus add up to Ksh38,520/=

The payment statement for the year 2016 dated 4/4/18 and hand written note for the amount due as at August 2019 is attached but  reads  a different  name from the  Claimant and its  not  authenticated.

We therefore shall not consider the same document noting it is not in the court records. He who pleads must prove. The Respondent having admitted to the sum of Ksh26,000/= judgment having been entered for the amount on 12/10/20.

6. From the documents filed by the Claimant we note the same allude to the Claimant having savings of Kshs19,540/= and benevolent fund of Kshs2,200/= as of 11/8/2015 and not Kshs.26,000/= as per the pleadings in paragraph 4. With this in mind and the judgment  of the admitted sum being entered. We find that total the Claimant is owed Kshs19,540/=.

Judgement is entered in favor of the Claimant for;

a) Kshs.19,540/=

b) Costs and interest in the  suit from  date of filing  suit.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY  AT NAIROBI THIS 29TH  DAY OF JULY, 2021.

Hon. B. Kimemia   Chairperson   Signed  29. 7.2021

Hon. J. Mwatsama  Deputy Chairperson Signed  29. 7.2021

Mr. Gitonga Kamiti   Member   Signed  29. 7.2021

Tribunal Clerk   Maina  Charles

Rakoro  Advocate  for Claimant: Present

No appearance  for Respondent

Hon. B. Kimemia   Chairperson   Signed  29. 7.2021