[2023] KECPT 1062 (KLR)
The Tribunal found that the matter was a liquidated claim for refund, the hearing date was fixed by consent, and the respondents failed to appear. In accordance with the rules on default judgment in liquidated claims, the Tribunal entered judgment in favour of the claimant for the sum claimed, together with costs...
Source-derived case information.
- Citation
- [2023] KECPT 1062 (KLR)
- Parties
- Applicant: Andrew Kirongo Kuria; Respondent: Nachu (National Cooperative Housing Union Limited); Respondent: Alfa Youth Housing Cooperative Society
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 538 of 2017
- Procedural Posture
- Liquidated Claim / Ruling on Default Judgment
- Outcome
- Judgment entered for the claimant in default of appearance by the respondents.
- Judges
- BM Kimemia, J. Mwatsama, P. Gichuki
- Legal Topics
- Default Judgment, Liquidated Claims, Refund of Money
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Kirongo Kuria
Applicant
Nachu (National Cooperative Housing Union Limited)
Respondent
Alfa Youth Housing Cooperative Society
Respondent
Procedural Posture
Liquidated Claim / Ruling on Default Judgment
Legal Issues
- 1 Whether the claimant is entitled to a refund of Kshs. 115,600 from the respondents.
- 2 Whether judgment should be entered in default of appearance by the respondents in a liquidated claim.
Ratio Decidendi
The Tribunal found that the matter was a liquidated claim for refund, the hearing date was fixed by consent, and the respondents failed to appear. In accordance with the rules on default judgment in liquidated claims, the Tribunal entered judgment in favour of the claimant for the sum claimed, together with costs and interest as prayed.
Court Disposition
Judgment entered for the claimant in default of appearance by the respondents.
Orders
- Judgment is entered in favour of the claimant against the respondents for Kshs. 115,600 plus costs and interest as prayed.
Full Case Text
Judgment text and source record
18 paragraphs
Kuria v Nachu (National Cooperative Housing Union Limited & another (Tribunal Case 538 of 2017) [2023] KECPT 1062 (KLR) (9 November 2023) (Ruling)
Neutral citation: [2023] KECPT 1062 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 538 of 2017
BM Kimemia, Chair, J. Mwatsama, Vice Chair & P. Gichuki, Member
November 9, 2023
Between
Andrew Kirongo Kuria
Claimant
and
Nachu (National Cooperative Housing Union Limited
1st Respondent
Alfa Youth Housing Cooperative Society
2nd Respondent
Ruling
1. We note that this is a matter for refund, we note that the date was fixed by consent of the Parties. In default of appearance of the Respondent herein, this being a liquidated claim, judgment is entered in favour of the Claimant against the Respondent for Kshs. 115,600/= plus costs and interest in the claim as prayed.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 9TH DAY OF NOVEMBER, 2023. HON. BEATRICE KIMEMIACHAIRPERSONSIGNED 9. 11. 2023. ................HON. J. MWATSAMADEPUTY CHAIRPERSONSIGNED 9. 11. 2023. ................HON. PHILIP GICHUKIMEMBERSIGNED 9. 11. 2023. ................TRIBUNAL CLERKWAIRIMU NGANGA.................HON. BEATRICE KIMEMIACHAIRPERSONAndrew for Claimant presentSIGNED 9. 11. 2023