Salaash v Metropolitan National Sacco Society Limited [2024] KECPT 1141 (KLR)

Salaash v Metropolitan National Sacco Society Limited (Tribunal Case 8 & E017 of 2023 (Consolidated)) [2024] KECPT 1141 (KLR) (25 July 2024) (Judgment)

Neutral citation: [2024] KECPT 1141 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 8 & E017 of 2023 (Consolidated)

BM Kimemia, Chair

July 25, 2024

Between

AaronN Salaash

Claimant

and

Metropolitan National Sacco Society Limited

Respondent

Judgment

JUDGMENT OF THE TRIBUNAL 1. The matter for determination is based on Statement of Claim dated January 10, 2023 for a refund of Kshs. 427,804. 25/= plus costs and interest in the claim.

2. The Respondent filed a Defence dated February 8, 2023 denying the claim.

3. Parties were ordered to file their written submissions on 20. 11. 2023 to dispense the claim and on 15. 4.2024, the Respondent had still not filed written submissions. The Claimant filed written submissions dated 21. 3.2024.

4. We note that the Claimant filed the written statement dated 10. 1.2023 and List of Documents dated 10. 1.2023.

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. 427,804. 25/= 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 JEMIMAHAaron Salaash- Claimant PresentMs. Wanjiru for Respondent holding brief for Thimba advocateMs. Wanjiru for Respondent – I pray for 30 days stay of executionAaron Salaash – I object, I need money to pay fees.Ms. Wanjiru for Respondent- We are entitled by lawOrder- 30 days stay of execution granted.HON. B. KIMEMIA CHAIRPERSON SIGNED 25. 7.2024