[2025] KECPT 268 (KLR)
The Tribunal found that the claimant had asserted full repayment of the loan and the respondent, despite being given an opportunity and specific directions, failed to file the loan account statement or any evidence to the contrary. On a balance of probabilities, the Tribunal accepted the claimant's position and...
Source-derived case information.
- Citation
- [2025] KECPT 268 (KLR)
- Parties
- Applicant: Dickson Muriuki Kabuchoru; Respondent: Metropolitan National Sacco Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 135/E249 of 2024
- Procedural Posture
- Civil Claim / Judgment
- Outcome
- Judgment for the claimant.
- Judges
- BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw
- Legal Topics
- Loan Repayment Dispute, Account Statement Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dickson Muriuki Kabuchoru
Applicant
Metropolitan National Sacco Limited
Respondent
Procedural Posture
Civil Claim / Judgment
Legal Issues
- 1 Whether the claimant fully repaid the loan to the respondent.
- 2 Whether the respondent provided sufficient evidence to dispute the claimant's assertion of full repayment.
Ratio Decidendi
The Tribunal found that the claimant had asserted full repayment of the loan and the respondent, despite being given an opportunity and specific directions, failed to file the loan account statement or any evidence to the contrary. On a balance of probabilities, the Tribunal accepted the claimant's position and entered judgment in his favour for the sum claimed, together with costs and interest at Tribunal rates from the date of filing. The respondent's failure to provide evidence within its control was decisive.
Court Disposition
Judgment for the claimant.
Orders
- Judgment entered in favour of the claimant against the respondent for Kshs. 2,509,747.90 plus costs and interest at Tribunal rates from the date of filing the claim.
Full Case Text
Judgment text and source record
19 paragraphs
Kabuchoru v Metropolitan National Sacco Limited (Tribunal Case 135/E249 of 2024) [2025] KECPT 268 (KLR) (Civ) (29 April 2025) (Judgment)
Neutral citation: [2025] KECPT 268 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Civil
Tribunal Case 135/E249 of 2024
BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki & M Chesikaw, Members
April 29, 2025
Between
Dickson Muriuki Kabuchoru
Claimant
and
Metropolitan National Sacco Limited
Respondent
Judgment
1. On 30. 1.2025 the Tribunal directed the Respondents to file the Claimant’s Loan Account Statement to enable it determine if the loan was fully paid as alluded by the Claimant.
2. On 17. 4.2025 the Tribunal followed up on the parties via an email to the Respondent’s Counsel on the Loan Account Statement.Unfortunately, as at the time of finalizing this judgment for delivering there is nothing filed to support themselves.
3. The Claimant had intimated they had cleared their loan despite an opportunity given by the Respondent’s to confirm the status of claimant and not having done so.We on a balance of probability tilt towards the Claimant a such judgment is entered in favour of Claimant against Respondent for Kshs. 2,509,747. 90/= plus cost and interest at Tribunal rates from date of filing claim.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 29TH DAY OF APRIL, 2025. HON. B. KIMEMIA CHAIRPERSON SIGNED 29. 4.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 29. 4.2025Hon. Beatrice Sawe Member Signed 29. 4.2025Hon. Fridah Lotuiya Member Signed 29. 4.2025Hon. Philip Gichuki Member Signed 29. 4.2025Hon. Michael Chesikaw Member Signed 29. 4.2025Tribunal Clerk JemimahMuinde for claimant- the respondent was to file statement of account. I pray for judgment in the matterNo appearance for RespondentHon. B. Kimemia Chairperson Signed 29. 4.2025