Sheikh Khalifa Co-op. Savings Credit Soc. Ltd v Thoya [2022] KECPT 893 (KLR)

Sheikh Khalifa Co-op. Savings Credit Soc. Ltd v Thoya (Tribunal Case 131 of 2017) [2022] KECPT 893 (KLR) (15 December 2022) (Judgment)

Neutral citation: [2022] KECPT 893 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 131 of 2017

BM Kimemia, Chair, M Mwatsama, Vice Chair & M. Mbeneka, Member

December 15, 2022

Between

Sheikh Khalifa Co-op. Savings Credit Soc. Ltd

Claimant

and

Amir Mohamed Thoya

Respondent

Judgment

1. Matter for determination is Statement of Claim dated February 15, 17 filed on February 23, 17. The Claimant avers they advanced Kshs 51,172,820. 00 against the Respondent in different periods, is that July, 2004-January to 2013 and Respondent has since failed to pay.The Claimant therefore prays for;a.Ksh 1,172,820. 00b.Interest on the above at Commercial rates until payment in fullc.Costs of this suitd.Any further relief as this honourable Tribunal may deem just and fit to grant.Claimant filed witness statement and Claimant List of documents dated February 15, 17 on February 23, 17 Interlocutory Judgment was entered but however set aside on August 30, 12.

2. Respondent filed Statement of Defence dated February 6, 18 filed on even date together with list of documents dated February 6, 2018. The Respondent denied owing the Claimant the alleged sum of money and that the sum owed from statement is Kshs 676,474. 00 which he admitted and stated the same to be offset from his shares, dividends and overtime amount over Ksh 400,000. 00.

3. On April 12, 22 the matter proceeded for hearing exparte despite Respondent being served as per the Affidavit of Service of Gordon Odhiambo sworn on July 22, 22 and hearing notice received by Kadimo Advocates on September 27, 21 for hearing on April 12, 22. C.W.1 –Iha Mitsanze Iha adopted his witness statement as Chairman of the Claimant Sacco.C.W.2Willy Fred Ogango an Accountant of Sheikh Aliya School and Chairman of Supervisory Committee.He adopted his written statement dated February 15, 17 and produced their documents dated February 15, 17 filed on February 23, 17.

4. The claim being undefended during trial we take it consideration the Respondent had admitted owing Kshs 676,474. 00 leaving a balance of Ksh 496,346. 00. As per the documents the Respondents states he paid Ksh 50,000. 00 on July 15, 14. Which we confirm from Claimant’s Statement of Account Ksh. 50,000. 00 was paid and distributed as repayment for development loan Kshs 30,000. 00 and emergency loan Ksh 20,000. 00. The Claimant did take the same into consideration as the same was paid June 30, 14. If there is any other payment made in July, 2014 is on Respondents to give the details which are not presented before the tribunal.

5. Having considered the written submissions of Claimants and as the date of writing this judgment no written submissions were filed by Respondent despite service of mention notice to file written submissions as evidenced in Affidavit of Service of v sworn on July 22, 22 filed or even date and mention notice received on 17/5/22. We find the Respondent are not interested in defending the claim.

6. In the absence of the same, judgment is entered in favour of Claimant against Respondent for Ksh 1,172,20. 00 plus costs and interest.

Judgment, Read and Delivered virtually on 15th December, 2022. Hon Beatrice Kimemia – Chairperson - Signed 15. 12. 2022Hon Mjeni Mwatsama - D/Chairperson - Signed 15. 12. 2022Maria Mbeneka - Member - Signed 15. 12. 2022