Wana-anga Cooperatives Savings & Credit Society Limited v Cheruiyot [2024] KECPT 1506 (KLR)

Wana-anga Cooperatives Savings & Credit Society Limited v Cheruiyot (Tribunal Case 458 of 2019) [2024] KECPT 1506 (KLR) (26 September 2024) (Judgment)

Neutral citation: [2024] KECPT 1506 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 458 of 2019

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

September 26, 2024

Between

Wana-anga Cooperatives Savings & Credit Society Limited

Claimant

and

Collins K Cheruiyot

Respondent

Judgment

1. Matter for determination is Claimant’s Statement of Claim dated 1. 8.2019. Claimant avers on diverse dates the Respondent obtained various loan facilities from Claimant and as at March 2019, the loan arrears were at Kshs. 2,944,737/=.The Respondent has since defaulted the unpaid loan balance inclusive of interest was Kshs. 3,000,737/=.The orders the Claimant are requesting for are:a.Kshs. 2,944,737/=.b.Interest at bank rates from March 2019 until payment in full.c.Costsd.Any other relief deemed just to grant.

2. The Claimant filed List of Document dated 1. 8.2019 filed on even dates. The documents therein are:a.Defendants numerous loan application duly approved by the plaintiffb.Defendant’s statement of account with the plaintiff as at 22. 3.2019. c.Demand letter.Claimant filed Supplementary List of Documents dated 21. 2.2022 filed on even date and the documents filed are:a.Statement of accounts in respect of account number A83-001470-00 in the name of Collins K. Cheruiyot for the period 2016-2022. b.Statement of accounts in respect of account number A05-00147x-xx in the name of Collins K. Cheruiyot for the period 2014-2022. c.Statement of accounts in respect of account number A03-00147x-xx in the name of Collins K. Cheruiyot for the period 2015-2022. d.Statement of accounts in respect of account number A03-0014xx-xx in the name of Collins K. Cheruiyot for the period 2019-2022. e.Statement of accounts in respect of account number A83-001470-02 in the name of Collins K. Cheruiyot for the period 2019-2022. f.Statement of accounts in respect of account number A85-001470-00 in the name of Collins K. Cheruiyot for the period 2015-2022. g.Statement of accounts in respect of account number S01-001470-00 for Sacco for 2006-2022. h.Copy of Dividend Slip for Collins K.Cheruiyot for the year 2016.

3. The Respondent filed Statement of Defence dated 19. 2.2021 on 22. 2.2021. The Respondent denies the contentious paragraph 4, 5 and 6 and denies he defaulted and further avers his shares of Kshs. 500,000/= and dividends of Kshs. 100,000/= were recovered and used to settle the debt.Respondent further avers that the loan had been guaranteed by members who repaid the loan and therefore an account needs to be taken and prayed for the Claimant’s claim to be dismissed.

4. He filed List of Documents dated 10. 8.2021 filed on 18. 8.2021 which included:a.Statement of Account of Wanaanga Sacco Limited in respect to Account number A03-00147x-xx.b.Statement of Account of Wanaanga Sacco Limited in respect to Account number A03-0014xx-xx.c.Statement of Account of Wanaanga Sacco Limited in respect to Account number A85-001470-00. d.Statement of Account of Wanaanga Sacco Limited in respect to Account number A05-00147x-xxe.Payslips from Baringo County Executive from the Month of January 2016- February 2018. f.Defendant Loan Application Forms.

5. Claimant testified giving evidence on 24. 2.2022 with CW1 Vincent Otieno Roda giving evidence as the Claimant’s Chief Executive Officer. He adopted his Witness Statement dated 1. 8.2019 as his evidence in chief and produced his List of Documents dated 21. 2.2022 marked as CEX1 and Supplementary List of documents marked as CEX 2 as a bundle.The Respondent did not participate in the hearing thereof as they were not present.

6. Claimant filed written submissions dated 5. 7.2024 on 29. 7.2024 which we have considered.Having considered the pleadings and evidence given in court during trial which was not controverted. However, we have also looked into the Defence and documents filed therein.The Loan Account Statement printed on 27. 8.2020 which the balance is shown as at 27. 8.2020 was Kshs. 1,574,876. 90/= Despite the Claimant starting the Respondent had Kshs. 2,944,737/= in default. Looking into the Claimant’s documents printed on 21. 2.2022 indeed it shows as of August 2020 the balance was at Kshs. 1,532,251. 90/= as at 21. 2.2022 the balance is Kshs. 1,522,251. 90.

7. The issue for determination is:Issue one Whether the Respondent is in default of the loan advanced to him.Looking at paragraph 6 above the Loan Account Statement of Respondent shows as at 21. 2.2022 the loan balance was at Kshs. 1,522,251. 90/=.The Respondent avers his guarantors were deducted amounts which were not shown the Account Statement. He has not proved that his guarantors were deducted the amounts as alluded.As such we are to look no further but from the evidence adduced and documents, we find the Respondent as in default and owes the Claimant.UpshotJudgment is entered in favour of Claimant against Respondent for Kshs. 1,574,876. 90/= plus cost and interests.

JUDGMENTSIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF SEPTEMBER, 2024. HON. B. KIMEMIA CHAIRPERSON SIGNED 26. 9.2024HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 26. 9.2024HON. BEATRICE SAWE MEMBER SIGNED 26. 9.2024HON. FRIDAH LOTUIYA MEMBER SIGNED 26. 9.2024HON. PHILIP GICHUKI MEMBER SIGNED 26. 9.2024HON. MICHAEL CHESIKAW MEMBER SIGNED 26. 9.2024HON. PAUL AOL MEMBER SIGNED 26. 9.2024TRIBUNAL CLERK JEMIMAHNo appearance by parties.Judgment is delivered in absence of the parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 26. 9.2024nrb.ctc.no. 458 of 2019 judgment a.w.n.jm 0