Mungania v Equator Nursing Home Saving and Credit Coop. Society Limited & another [2024] KECPT 1178 (KLR)

Mungania v Equator Nursing Home Saving and Credit Coop. Society Limited & another (Tribunal Case 783/E911 of 2023) [2024] KECPT 1178 (KLR) (25 July 2024) (Judgment)

Neutral citation: [2024] KECPT 1178 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 783/E911 of 2023

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

July 25, 2024

Between

Emily Makena Mungania

Claimant

and

Equator Nursing Home Saving and Credit Coop. Society Limited

1st Respondent

Meridian Equator Hospital Limited

2nd Respondent

Judgment

1. The matter for determination is a statement of claim dated 25. 10. 2023 for refund of Kshs. 143,057/=, Special Damages of Kshs. 1000/=, Costs and Interest in the claim.

2. The claim is based on an Asset Finance Agreement in which the Claimant was contributing Kshs. 12,916/= per month with effect from May 2019 and in which the Claimant averred that Kshs. 143,057/= had been deducted from her salary and no asset had been allocated.

3. We note that the 2nd Respondent is a Limited Liability Company trading as a Health Service Provider and the 1st Respondent is a Sacco in which the Claimant was a member.

4. Summary judgment was entered against the 1st Respondent for Kshs. 143,057/= (prayer a) on 12. 3.2024 and matter proceeded for Formal Proof on 17. 6.2024.

5. In the Claimant’s claim for Special Damages, the Claimant produced an official search dated 3. 10. 2023 and receipt for Kshs. 1000/= dated 28. 9.2023.

6. We have considered the evidence on record as per the List of Documents dated 25. 10. 2023. Witness Statement dated 25. 10. 2023 both adopted during the Formal Proof hearing.

7. However, there was no proof that the Tribunal has jurisdiction in regard to the 2nd Respondent hence the claim against the 2nd Respondent is struck out in its entirely.

8. Judgment is entered for prayer b for Special Damages at Kshs. 1000/= and the summary judgment dated 12. 3.2024 is accordingly confirmed for Kshs. 143,057/=

Total claim for Kshs. 144,057/= is entered in favour of the Claimant against the 1st Respondent costs and interest in the claim at Tribunal rates from the date d 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 JemimahNo appearance by partiesJudgment entered in the absence of the parties.Hon. B. Kimemia Chairperson Signed 25. 7.2024