Telepost Sacco v Ontarige [2024] KECPT 69 (KLR)

Telepost Sacco v Ontarige (Tribunal Case 93 of 2021) [2024] KECPT 69 (KLR) (Civ) (29 January 2024) (Judgment)

Neutral citation: [2024] KECPT 69 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 93 of 2021

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

January 29, 2024

Between

Telepost Sacco

Claimant

and

Douglas Obiero Ontarige

Respondent

Judgment

Facts of the case 1. On 15th June, 2016, the Claimant Sacco approved a loan of Kshs. 800,000/= which was to be repaid at an interest of 1. 5% on reducing balance over a period of 36 months.The Respondent at some point resigned as a member of the Claimant Sacco and has either refused or neglected to pay the outstanding loan despite several reminders.As at the date of filing this case, 9th February, 2021, the outstanding unpaid balance stood at Kshs. 1,034,226/=.

2. The Claimant Sacco after several years managed to skip trace and get the number of the Respondent and even after serving the Respondent with Notice to Enter Appearance under Order 5 Rule 22B of the Civil Procedure (Amendment) Rules, 2020 read together with Section 1B(1)(e) of the Civil Procedure Rules which allow for digital service through platforms like WhatsApp, the Respondent still either refused or neglected to enter appearance. The Respondent was served on WhatsApp through his mobile phone number 0722974050. The Claimant Sacco later made an Application for Judgement in default of filing Defence and/ or entering appearance on 18th April, 2023 and on 26th October, 2023, this Tribunal fixed this matter for judgement.

Judgment in Default of Filing a Defence and/ or Entering Appearance. 3. It is settled law that before any Court or Tribunal comes with a final judgement in default of filing a Defence or entering appearance, there should not be a Defence on record, and that Court or Tribunal must also be satisfied that the plaint only makes a liquidated demand.

4. In this particular case, as at the time of writing this Judgement, there is no filed Defence and the Claim on record is a liquidated demand for the sum of Kshs. 1,034,216/= as at the date of filing.That liquidated demand is direct and straight forward as it arises from the unpaid balance of the loan taken from the Claimant Sacco by the Respondent.

Final Orders:i.Judgement in favor of the Claimant against the Respondent for the sum of Kshs. 1,034,216/=. Plus costs and interest.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 29TH DAY OF JANUARY, 2024. Hon. Beatrice Kimemia Chairperson Signed 29. 1.2024Hon. Beatrice Sawe Member Signed 29. 1.2024Hon. Fridah Lotuiya Member Signed 29. 1.2024Hon. Philip Gichuki Member Signed 29. 1.2024Hon. Michael Chesikaw Member Signed 29. 1.2024Hon. Paul Aol Member Signed 29. 1.2024Tribunal Clerk JemimahNo appearance for ClaimantNo appearance for RespondentJudgment delivered.Hon. Beatrice Kimemia Chairperson Signed 29. 1.2024