[2021] KECPT 609 (KLR)
The Tribunal found that the Respondent, in its defence and affidavit, did not deny owing the Claimant Kshs.240,613.00. The Respondent's explanation for non-payment was based on financial constraints and administrative backlog, not on a dispute of liability. The Tribunal held that these circumstances amount to an...
Source-derived case information.
- Citation
- [2021] KECPT 609 (KLR)
- Parties
- Applicant: Ceaser Muraguri Kagiri; Respondent: Telepost Sacco Society Ltd
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 277 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Admission
- Outcome
- judgment for applicant on admission for Kshs.240,613.00 plus costs and interest
- Legal Topics
- Judgment on Admission, Debt Recovery, Costs and Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ceaser Muraguri Kagiri
Applicant
Telepost Sacco Society Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Admission
Legal Issues
- 1 Whether the Respondent has admitted indebtedness to the Claimant for Kshs.240,613.00.
- 2 Whether judgment on admission should be entered in favour of the Claimant for the admitted sum.
- 3 Whether the Claimant is entitled to costs and interest on the admitted amount.
Ratio Decidendi
The Tribunal found that the Respondent, in its defence and affidavit, did not deny owing the Claimant Kshs.240,613.00. The Respondent's explanation for non-payment was based on financial constraints and administrative backlog, not on a dispute of liability. The Tribunal held that these circumstances amount to an unequivocal admission of debt. Accordingly, judgment on admission was entered in favour of the Claimant for the admitted sum, together with costs and interest. The Tribunal directed the parties to engage regarding the remaining, unadmitted sum of Kshs.21,259.00.
Court Disposition
judgment for applicant on admission for Kshs.240,613.00 plus costs and interest
Orders
- Judgment on admission is entered in favour of the Claimant against the Respondent for Kshs.240,613.00 plus costs and interest.
- Parties to engage each other regarding the unadmitted sum of Kshs.21,259.00.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO.277 OF 2020
CEASER MURAGURI KAGIRI........................................CLAIMANT
VERSUS
TELEPOST SACCO SOCIETY LTD...........................RESPONDENT
RULING
1. Application dated 7/10/20 seeking the following prayers;
i. Judgment on admission be entered in favour of the Claimant/Applicant in the amount of Kshs.240,613/= plus costs and interest.
ii. Costs of this application be awarded to the Claimant.
Based on the grounds of the face of the Application and supported by the Affidavit of Geoffrey Odhiambo Genga for the Claimant.
The Respondent filed a Replying Affidavit on 6/11/20 deponed by Samuel Maumbe senior staff of the Respondent.
The gist of the matter is that the Application seeks for judgment of admission for Ksh.240,613/= as per the defence of the Respondent filed on 24/9/20.
2. The Respondent in the Replying Affidavit deponed they have not refused to refund but have delayed owing to backlog of refunds and effort to pay in a first in, first out basis.
They Could not manage to settle matter out of court with two installments of November and December 2019 because of the financial constraints.
3. We have considered the submissions of both parties and find that the Respondent does not deny indebtness to the Claimant to the tune of Ksh.240,613. 00 as admitted in the defence therefore we enter judgment on admission in favour of the Claimant against the Respondent for Kshs.240,613. 00 plus costs and interest.
4. Parties to engage each other on the way forward in the matter particularly in the un admitted Ksh.21,259. 00.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY THIS 27TH DAY OF MAY, 2021.
Hon. B. Kimemia Chairperson Signed 27. 5.2021
Hon. J. Mwatsama Deputy Chairperson Signed 27. 5.2021
Mr. P. Gichuki Member Signed 27. 5.2021
Tribunal Clerk Leweri
Maumbe on behalf of Respondent : Present
Ngenga Advocate for Claimant: Present
Mention on 27. 7.2021 for further directions.
Hon. B. Kimemia Chairperson Signed 27. 5.2021