Phinius Kirimi M’kirigia v Jitegemee Sacco Society Limited [2021] KECPT 250 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO.289 OF 2019
PHINIUS KIRIMI M’KIRIGIA .............................................CLAIMANT
VERSUS
JITEGEMEE SACCO SOCIETY LIMITED.................... RESPONDENT
JUDGMENT
The matter for determination is Statement of Claim filed on 3/6/2019 seeking the following prayers:
1. An Order for proper computation of the Claimants savings and interests thereto.
2. An Order for refund of all the savings and the Kshs. 1,600 illegally deducted.
3. Costs and interests.
The Respondent did not enter appearance or file Defence.
Interlocutory judgment was entered on 17/11/19 and matter was fixed for formal proof. The Claimant filed written submissions on 19/5/21 and claimed Kshs.298,358/=. However, there is no clear computation of how the Claimant came up with that amount.
Parties are bound by their own pleadings and if the written submissions do not reflect prayers sought for the Statement of Claim, then making a determination based on written submissions does not provide a solution to the Claimant’s Claim.
We therefore;
1. Grant prayer (a) of the Statement of Claim and order for the Respondent herein to file a proper and full Statement of Account within 30 days herein.
2. Upon computation, any savings found due to the Claimant be refunded plus the 1600/= as prayed in prayer (b) of the Claim.
3. Costs and interest granted at Tribunal rates.
Judgment signed, dated and delivered virtually this 2ndday of September, 2021.
Hon. B. Kimemia Chairperson Signed 2. 9.2021
Hon. J. Mwatsama Deputy Chairperson Signed 2. 9.2021
Mr. Gitonga Kamiti Member Signed 2. 9.2021
Mr. Boniface Akusala Member Signed 2. 9.2021
Tribunal Clerk R. Leweri
No appearance
Hon. B. Kimemia Chairperson Signed 2. 9.2021