Universal Traders Sacco Limited v Mwatu [2023] KECPT 772 (KLR)

Universal Traders Sacco Limited v Mwatu (Tribunal Case 63 of 2019) [2023] KECPT 772 (KLR) (21 September 2023) (Judgment)

Neutral citation: [2023] KECPT 772 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 63 of 2019

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

September 21, 2023

Between

Universal Traders Sacco Limited

Claimant

and

John Nzioka Mwatu

Respondent

Judgment

Claimants Case 1. The Claimant’s case is contained in the Statement of Claim dated 30th January 2019. The Claimant’s claim against the Respondent is for Kshs. 1,139,319. 77/= being Kshs. 510,012. 92/= overdraft and Kshs. 629,297. 85/= normal loan.The Claimant states that demand notices and intentions to sue were issued to the Respondent but the latter refused to settle the claim.During the proceedings both parties had shown interest to negotiate but they could not agree on the amount claimed.The Claimant’s witness CW1 Mr. Dominic Mutunga who is the Claimant’s Chief Executive Officer confirmed that the Respondent is their member number 0381187 and operates a current account number 012857 and has an overdue loan balance and interest plus an overdraft totaling Kshs. 1,139,319. 77/= as at 31. 12. 2018. The Claimant has produced account statement of the Respondent as at 11. 1.2019 to prove their claim.Membership loan Application forms for the loans advanced to the Respondent have also been produced as Claimant’s documents.The Claimant prays for judgment against the Respondent for:a.Kshs. 1,139,319. 77/= plus interests till payment in full.b.Costs and interest at court’s rate.

2. Respondent’s CaseRespondent’s case is contained in the Memorandum of Defence dated 9. 4.2019. The respondent denies owing the Claimant the Kshs.1,139,319,77/= as contained in the Statement of Claim.The Respondent also denies the Notice of Intention to sue were served to him.During proceedings on 26. 1.2022, the Respondent’s advocate requested for the matter to be taken out of cause list. Efforts to reach consent were not successful since the amount of claim was disputed by the Respondent.The matter came for hearing on 22. 6.2023 where the Claimant witness CW1 Mr. Dominic Mutunga prayed the court to compel the Respondent to repay the Claimant’s loans owed. The Respondent despite being aware of the date, they were not present and the Claimant’s. During the proceeding the Respondent’s case was dismissed for non- attendance.

Findings 3. From the Statement of Claim, the Claimant’s Witness Statement and the proceedings it is evident that the Claimant has prosecuted its case adequately.The Claimant has filed relevant documents namely the loan Applications and the Respondent’s Loan Account to prove their claim.During the proceedings the Claimant’s witness proved that the Respondent was their member and that he owes the Claimant the amount as per the Statement of Claim.On the other hand the Respondent though denying owing the Claimant the Kshs. 1,139,319. 77/= did not provide evidence to challenge the claim.The Respondent did not adequately prosecute his case.During the proceedings, both parties had suggested to discuss consent on this matter but they did not agree on the amounts in dispute.This court is convinced that the Claimant has adequately prosecuted its case.

Conclusion4. This Tribunal enters judgment in favour of the claimant against the Respondent for:a.Kshs. 1,139,319. 77/= .b.Costs and interest at court’s rate.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 21ST DAY OF SEPTEMBER, 2023. Hon. Beatrice Kimemia Chairperson Signed 21. 9.2023Hon. J. Mwatsama Deputy Chairperson Signed 21. 9.2023Hon. Beatrice Sawe Member Signed 21. 9.2023Hon. Fridah Lotuiya Member Signed 21. 9.2023Hon. Philip Gichuki Member Signed 21. 9.2023Hon. Michael Chesikaw Member Signed 21. 9.2023Hon. Paul Aol Member Signed 21. 9.2023Tribunal Clerk JonahNo appearance by parties.Judgment delivered in absence of parties.Hon. J. Mwatsama Deputy Chairperson Signed 21. 9.2023