[2024] KECPT 1161 (KLR)
The tribunal found that the claimant had established her claim for a refund of Kshs. 363,926.57 on a balance of probabilities. The respondent's defence was a mere denial, unsupported by evidence or submissions. In the absence of any rebuttal or contrary evidence from the respondent, the tribunal was satisfied that...
Source-derived case information.
- Citation
- [2024] KECPT 1161 (KLR)
- Parties
- Applicant: Jane Khavukwi Lisutsa; Respondent: Metropolitan National Sacco Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 107 (E162) of 2023
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- judgment for claimant
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Refund of Deposits, Cooperative Societies Disputes, Balance of Probabilities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Khavukwi Lisutsa
Applicant
Metropolitan National Sacco Society Limited
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to a refund of Kshs. 363,926.57 from the respondent.
- 2 Whether the respondent's defence amounts to a substantive rebuttal of the claim.
Ratio Decidendi
The tribunal found that the claimant had established her claim for a refund of Kshs. 363,926.57 on a balance of probabilities. The respondent's defence was a mere denial, unsupported by evidence or submissions. In the absence of any rebuttal or contrary evidence from the respondent, the tribunal was satisfied that the claimant was entitled to judgment as prayed. The tribunal therefore entered judgment in favour of the claimant for the sum claimed, together with costs and interest at tribunal rates from the date of filing the claim.
Court Disposition
judgment for claimant
Orders
- Judgment entered in favour of the claimant for Kshs. 363,926.57 plus costs and interest at tribunal rates from the date of filing the claim.
- 30 days stay of execution granted to the respondent.
Full Case Text
Judgment text and source record
21 paragraphs
Lisutsa v Metropolitan National Sacco Society Limited (Tribunal Case 107 (E162) of 2023) [2024] KECPT 1161 (KLR) (25 July 2024) (Judgment)
Neutral citation: [2024] KECPT 1161 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 107 (E162) of 2023
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
July 25, 2024
Between
Jane Khavukwi Lisutsa
Claimant
and
Metropolitan National Sacco Society Limited
Respondent
Judgment
1. The matter for determination is based on Statement of Claim dated 23. 2.2023 for a refund of 363,926. 57/= plus costs and interest in the claim.
2. The Respondent filed a Defence dated 24. 4.2023 denying the claim.
3. Parties were ordered to file their written submissions on 16. 10. 2023 to dispense the claim and on 25. 4.2024, the Respondent had still not filed written submissions. The Claimant filed written submissions dated 26. 10. 2023.
4. We note that the Claimant filed the witness statement dated 23. 2.2023 and List of Documents dated 23. 2.2023.
5. There were no written submissions filed by the Respondent and no witness statement or List of Documents.The only document on record is a Defence which denies the Claimants claim. We note that the Defence is a mere denial and therefore find that the Claimant has established his claim on a balance of probabilities.
6. We enter judgment in favour of the Claimant for Kshs. 363,926. 57/= plus costs and interest in the claim at Tribunal rates from the date of filing the claim.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 25TH DAY OF JULY, 2024. HON. B. KIMEMIA - CHAIRPERSON SIGNED 25. 7.2024HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 25. 7.2024HON. BEATRICE SAWE - MEMBER SIGNED 25. 7.2024HON. FRIDAH LOTUIYA - MEMBER SIGNED 25. 7.2024HON. PHILIP GICHUKI - MEMBER SIGNED 25. 7.2024HON. MICHAEL CHESIKAW - MEMBER SIGNED 25. 7.2024HON. PAUL AOL - MEMBER SIGNED 25. 7.2024Tribunal Clerk JemimahJane Khavukwi- Claimant PresentMs. Wanjiru for Respondent holding brief for Thimba advocateMs. Wanjiru for Respondent – I pray for 30 days stay of executionJane Khavukwi – Yes I object I am a retiree, I come from the village and its taken time.Ms. Wanjiru for Respondent- we are legally allowed to have 30 days stay of execution.Order- 30 days stay of execution granted.HON. B. KIMEMIA - CHAIRPERSON SIGNED 25. 7.2024