Samuel v Njuguna [2023] KECPT 787 (KLR)

Samuel v Njuguna (Tribunal Case 277 (E335) of 2020) [2023] KECPT 787 (KLR) (24 August 2023) (Judgment)

Neutral citation: [2023] KECPT 787 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 277 (E335) of 2020

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

August 24, 2023

Between

Daniel Kamau samuel

Claimant

and

Veronica Wairimu Njuguna

Respondent

Judgment

1. The Application to be dispensed with is one for formal proof. The Claimant following the Tribunal’s orders filed their written submission dated 17/01/2023 and filed on 25/01/2023. One of the prayers of the Statement of Claim was for lost dividends necessitating the Formal Proof hearing. The Tribunal awarded the Claimant Ksh 5,172,585. 44/- which according to the Claimant was deposits and Share Capital which would attract interests.

2. It is trite law that one has to proof what they allege. This is a legal principle that was held in Wambui Ndiritu v Joseph Kiprono & Another [2005] 1 EA 334. The Claimant has successfully has shown indeed he lost some dividends from the year 2017 through to 2021. The evidence proffered is enough and sufficient to prove that the Claimant lost dividends amounting to Ksh 1,985,480. 11/-

3. Judgement is entered in favor of Claimant against Respondent in terms of prayer number a) of Ksh 7,158,065. 55/- and dividends Ksh 1,985,480/- plus cost and interests.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 24TH DAY OF AUGUST, 2023. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 24. 8.2023HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 24. 8.2023HON. BEATRICE SAWE MEMBER SIGNED 24. 8.2023HON. FRIDAH LOTUIYA MEMBER SIGNED 24. 8.2023HON. PHILIP GICHUKI MEMBER SIGNED 24. 8.2023HON. MICHAEL CHESIKAW MEMBER SIGNED 24. 8.2023HON. PAUL AOL MEMBER SIGNED 24. 8.2023TRIBUNAL CLERK JONAHJudgment delivered in absence of parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 24. 8.2023