Opondo v Huduma Sacco Society Ltd [2023] KECPT 745 (KLR)

Opondo v Huduma Sacco Society Ltd (Tribunal Case 184 of 2020) [2023] KECPT 745 (KLR) (31 August 2023) (Judgment)

Neutral citation: [2023] KECPT 745 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 184 of 2020

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

August 31, 2023

Between

Henry Daniel Opondo

Claimant

and

Huduma Sacco Society Ltd

Respondent

Judgment

1. Before the Tribunal for determination is the Plaintiff’s Request for Judgment against the Respondent on admission for the amount of Kshs 102,000/=. The matter was brought via a Statement of Claim dated 02/07/2020 filed on 17/07/2020, by the Claimant against the Respondent for the amount of Kshs 136,000/=. The Claimant avers that he was a member of the Respondent but later withdrew and requested for a refund of his savings, through a letter dated 02/10/2017.

2. He was directed by the Respondent to wait for three months, after which the Respondent failed to meet his demands; hence the prayers;a.General damagesb.Refund of Kshs. 136,000c.Interest on a and bd.Costs

3. The Respondent in turn filed a Statement of Admission dated 29/09/2020, filed on 01/10/2020, admitting to owing the Claimant only Kshs 102,000/=, with a proposed [payment plan of Kshs 10,000/= monthly payments, starting from December 2020.

4. The claimant in response filed a Notice of Motion dated 21/10/2020, filed on 06/11/2020 praying for the Statement of Admission be struck out and the Respondent be ordered to pay the Kshs 102,000/= admitted. The Claimant also filed written submissions supporting the Notice of Motion date 21/10/2020, objecting to the Respondents claim of owing him only Kshs 102,000/=. He also had the same prayers as those in the Statement of Claim.

Issues For Determination a. What Amount Is Owed To The Claimant? 5. The Respondent alleged to owing only Kshs 102,000/= but did not provide account statement to prove the allegation.Section 25 of the Cooperative and Societies Act, requires Saccos to keep records of any money collected from the members. Section 26 of the Act also requires Saccos to produce Books of Account and documents relating to the affairs of such society. It therefore falls upon the Respondent to offer account records to prove that they do not owe the Claimant Kshs 136,000/= but Kshs 102,000/= and in the absence of such proof, the claim goes to the Claimant.

6. The Respondent does admit owing to some extent in their Statement of Admission dated 29/09/2020, which the Claimant requested judgment on. Order 36 Rule 1 of the Civil Procedure Rules, provide for judgement on admission, where the Plaintiff seeks judgment for a liquidated claim with or without interest, to the extent which the Respondent admitted. Although the Claimant’s claim was for Kshs 136,000/=, the Respondent only admitted to owing to the amount of Kshs 102,000/=. Plus cost and interest.

Upshot 7. Judgment is entered in favor of the Claimant against the respondent for Kshs 102,000/=.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 31ST DAY OF AUGUST, 2023. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 31. 8.2023HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 31. 8.2023HON. BEATRICE SAWE MEMBER SIGNED 31. 8.2023HON. FRIDAH LOTUIYA MEMBER SIGNED 31. 8.2023HON. PHILIP GICHUKI MEMBER SIGNED 31. 8.2023HON. MICHAEL CHESIKAW MEMBER SIGNED 31. 8.2023HON. PAUL AOL MEMBER SIGNED 31. 8.2023TRIBUNAL CLERK JEMIMAHJudgment delivered in absence of parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 31. 8.2023