[2021] KECPT 281 (KLR)
The Tribunal found that the Claimant had proved, through authentic receipts and records, that she was entitled to Kshs.19,540/= in savings as of 11/8/2015, and that the Respondent had admitted to owing a similar sum. The Tribunal disregarded unauthenticated documents not bearing the Claimant's name. The Respondent's...
Source-derived case information.
- Citation
- [2021] KECPT 281 (KLR)
- Parties
- Claimant: Lily Nafula Wephukhulu; Respondent: Huduma Co-op Saving and Credit Ltd Society
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 679 of 2019
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- judgment for claimant
- Legal Topics
- Cooperative Societies, Member Contributions, Recovery of Savings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lily Nafula Wephukhulu
Claimant
Huduma Co-op Saving and Credit Ltd Society
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the Claimant is entitled to payment of her savings and contributions upon resignation from the Respondent society.
- 2 Whether the Respondent's admission of part of the claim is binding and determinative of the amount owed.
- 3 Whether the claim is res judicata as alleged by the Respondent.
Ratio Decidendi
The Tribunal found that the Claimant had proved, through authentic receipts and records, that she was entitled to Kshs.19,540/= in savings as of 11/8/2015, and that the Respondent had admitted to owing a similar sum. The Tribunal disregarded unauthenticated documents not bearing the Claimant's name. The Respondent's contradictory positions did not displace the clear admission of liability. The Tribunal held that the Claimant was entitled to judgment for Kshs.19,540/=, together with costs and interest from the date of filing suit, as the Respondent's admission and the credible evidence supported this outcome. The plea of res judicata was not substantiated and was rejected.
Court Disposition
judgment for claimant
Orders
- Judgment entered in favor of the Claimant for Kshs.19,540/=
- Respondent to pay costs of the suit to the Claimant.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO. 679 OF 2019
LILY NAFULA WEPHUKHULU................................................................CLAIMANT
VERSUS
HUDUMA CO-OP SAVING ANDCREDIT LTD SOCIETY................RESPONDENT
JUDGMENT
1. The Claimant filed a plaint dated 28 / 10/2019 on 30/10/2019. The Claimant states she became a member of Huduma Co-op Saving and Credit Society on 8/10/14. She was employed as a cleaner with Guru Nanak Ramagharia Temple and paid Ksh2,720/= which accumulated as follows entrance fee Kshs1,000/= Shares Kshs1,500/=, Co-op commission Ksh20/= and benevolent funds Kshs200/= That as at 1/8/15 the Claimant had contributed Kshs26,000/= however, her current account statement shows her account to have Kshs.33,650/=
2. In September 2015, the Claimant lost her job and in November 2015 wrote a resignation letter requesting for payment of her contribution which stood at Kshs26,000/=. The Respondent requested her to wait for three months and had not been paid at the time of filing suit. The Claimant claims Kshs.33,650/= as indicated by the Respondent and Claimant requests to be paid the same.
3. The Respondent filed Statement of Admission dated 31/12/19 on 2/1/20. The Respondent in paragraph 4 admitted to the sum of Kshs19,190/= In paragraph 5 the Respondent stated they are willing to pay the Claimant in installment of Kshs5,000/= until payment in full.
In contradiction the Respondent in paragraph 8 states the claim is res judicata and should be dismissed with costs and that they would be seeking for refund of Ksh19,190/= till payment in full from Claimant.
4. The court directed that the matter be dispensed by way of written submissions on 12/10/20. The Claimant filed their written submissions dated 1/3/21 filed on 4/3/21.
5. As per the documents attached by the Claimant at the time of filing suit, the receipts are proof of payment and thus add up to Ksh38,520/=
The payment statement for the year 2016 dated 4/4/18 and hand written note for the amount due as at August 2019 is attached but reads a different name from the Claimant and its not authenticated.
We therefore shall not consider the same document noting it is not in the court records. He who pleads must prove. The Respondent having admitted to the sum of Ksh26,000/= judgment having been entered for the amount on 12/10/20.
6. From the documents filed by the Claimant we note the same allude to the Claimant having savings of Kshs19,540/= and benevolent fund of Kshs2,200/= as of 11/8/2015 and not Kshs.26,000/= as per the pleadings in paragraph 4. With this in mind and the judgment of the admitted sum being entered. We find that total the Claimant is owed Kshs19,540/=.
Judgement is entered in favor of the Claimant for;
a) Kshs.19,540/=
b) Costs and interest in the suit from date of filing suit.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 29TH DAY OF JULY, 2021.
Hon. B. Kimemia Chairperson Signed 29. 7.2021
Hon. J. Mwatsama Deputy Chairperson Signed 29. 7.2021
Mr. Gitonga Kamiti Member Signed 29. 7.2021
Tribunal Clerk Maina Charles
Rakoro Advocate for Claimant: Present
No appearance for Respondent
Hon. B. Kimemia Chairperson Signed 29. 7.2021