Lisutsa v Metropolitan National Sacco Society Limited [2024] KECPT 1161 (KLR)

Lisutsa v Metropolitan National Sacco Society Limited (Tribunal Case 107 (E162) of 2023) [2024] KECPT 1161 (KLR) (25 July 2024) (Judgment)

Neutral citation: [2024] KECPT 1161 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 107 (E162) of 2023

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

July 25, 2024

Between

Jane Khavukwi Lisutsa

Claimant

and

Metropolitan National Sacco Society Limited

Respondent

Judgment

1. The matter for determination is based on Statement of Claim dated 23. 2.2023 for a refund of 363,926. 57/= plus costs and interest in the claim.

2. The Respondent filed a Defence dated 24. 4.2023 denying the claim.

3. Parties were ordered to file their written submissions on 16. 10. 2023 to dispense the claim and on 25. 4.2024, the Respondent had still not filed written submissions. The Claimant filed written submissions dated 26. 10. 2023.

4. We note that the Claimant filed the witness statement dated 23. 2.2023 and List of Documents dated 23. 2.2023.

5. There were no written submissions filed by the Respondent and no witness statement or List of Documents.The only document on record is a Defence which denies the Claimants claim. We note that the Defence is a mere denial and therefore find that the Claimant has established his claim on a balance of probabilities.

6. We enter judgment in favour of the Claimant for Kshs. 363,926. 57/= plus costs and interest in the claim at Tribunal rates from the date of filing the claim.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 25TH DAY OF JULY, 2024. HON. B. KIMEMIA - CHAIRPERSON SIGNED 25. 7.2024HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 25. 7.2024HON. BEATRICE SAWE - MEMBER SIGNED 25. 7.2024HON. FRIDAH LOTUIYA - MEMBER SIGNED 25. 7.2024HON. PHILIP GICHUKI - MEMBER SIGNED 25. 7.2024HON. MICHAEL CHESIKAW - MEMBER SIGNED 25. 7.2024HON. PAUL AOL - MEMBER SIGNED 25. 7.2024Tribunal Clerk JemimahJane Khavukwi- Claimant PresentMs. Wanjiru for Respondent holding brief for Thimba advocateMs. Wanjiru for Respondent – I pray for 30 days stay of executionJane Khavukwi – Yes I object I am a retiree, I come from the village and its taken time.Ms. Wanjiru for Respondent- we are legally allowed to have 30 days stay of execution.Order- 30 days stay of execution granted.HON. B. KIMEMIA - CHAIRPERSON SIGNED 25. 7.2024