[2023] KECPT 774 (KLR)
The tribunal found that the claimants had proved their case on a balance of probabilities by providing evidence of the sale agreement and payment. The respondent's failure to appear or defend the claim, coupled with the lack of transfer of the plot or refund, entitled the claimants to judgment for the amount paid,...
Source-derived case information.
- Citation
- [2023] KECPT 774 (KLR)
- Parties
- Plaintiff: Frankline Lusega Kidula; Plaintiff: Masta Lilian; Defendant: Urithi Housing Co-Operatives Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Cause E668 (417) of 2022
- Procedural Posture
- Cause / Judgment
- Outcome
- Judgment for the claimants.
- Judges
- J. Mwatsama, F Lotuiya, P. Gichuki
- Legal Topics
- Breach of Contract, Sale of Land, Refund of Purchase Price
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Frankline Lusega Kidula
Plaintiff
Masta Lilian
Plaintiff
Urithi Housing Co-Operatives Society Limited
Defendant
Procedural Posture
Cause / Judgment
Legal Issues
- 1 Whether the respondent breached the sale agreement by failing to transfer the plot or refund the purchase price.
- 2 Whether the claimants are entitled to a refund of Kshs. 1,400,000 plus costs and interest.
Ratio Decidendi
The tribunal found that the claimants had proved their case on a balance of probabilities by providing evidence of the sale agreement and payment. The respondent's failure to appear or defend the claim, coupled with the lack of transfer of the plot or refund, entitled the claimants to judgment for the amount paid, together with costs and interest. The tribunal relied on the principle that a party who breaches a contract must refund monies received and that interlocutory judgment is proper where no defence is filed.
Court Disposition
Judgment for the claimants.
Orders
- Judgment entered in favour of the claimants against the respondent for Kshs. 1,400,000.
- The respondent shall pay costs of the suit to the claimants.
Full Case Text
Judgment text and source record
22 paragraphs
Kidula & another v Urithi Housing Co-operatives Society Limited (Cause E668 (417) of 2022) [2023] KECPT 774 (KLR) (15 August 2023) (Judgment)
Neutral citation: [2023] KECPT 774 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Cause E668 (417) of 2022
J. Mwatsama, Vice Chair, F Lotuiya & P. Gichuki, Members
August 15, 2023
Between
Frankline Lusega Kidula
1st Claimant
Masta Lilian
2nd Claimant
and
Urithi Housing Co-Operatives Society Limited
Respondent
Judgment
1. The Claimant filed a claim vide Statement of Claim dated 8. 7.2022 on 20. 7.2022 where the Claimant avers to have entered into an Agreement with Respondent on 4. 4.2018 for sale of Plot Number 44 L.R.10823/47 and paid Kshs. 1,400,000/=.
2. The Respondent did not Honor their end of bargain and have not refunded the amount despite demand.
3. The Claimant filed List of Documents dated 8. 7.2022 evidencing payment and Sale Agreement.
4. The Respondent unfortunately did not enter appearance and as such Interlocutory Judgment was entered against them on 29. 11. 2022. matter came for Formal Proof today 15. 8.2023 the Claimant testifying.
5. With no Defence on record we are convinced the Claimant has proved their case.As such we enter judgment in favour of Claimant against Respondent for Kshs. 1,400,000/= plus cost and interest of the suit.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 15TH DAY OF AUGUST, 2023. HON. J. MWATSAMADEPUTY CHAIRPERSONHON. FRIDAH LOTUIYAMEMBERHON. PHILIP GICHUKIMEMBER