[2024] KECPT 1178 (KLR)
The Tribunal found that the claimant had proved her case against the 1st Respondent by showing that Kshs. 143,057 was deducted from her salary under an Asset Finance Agreement, but no asset was allocated to her. The claimant also proved special damages of Kshs. 1,000 by producing an official search and receipt. The...
Source-derived case information.
- Citation
- [2024] KECPT 1178 (KLR)
- Parties
- Applicant: Emily Makena Mungania; Respondent: Equator Nursing Home Saving and Credit Coop. Society Limited; Respondent: Meridian Equator Hospital Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 783/E911 of 2023
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- Claim allowed in part against the 1st Respondent; claim against the 2nd Respondent struck out.
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Asset Finance Agreements, Refund of Contributions, Special Damages, Jurisdiction of Tribunal
- 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
Emily Makena Mungania
Applicant
Equator Nursing Home Saving and Credit Coop. Society Limited
Respondent
Meridian Equator Hospital Limited
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to a refund of Kshs. 143,057 deducted under the Asset Finance Agreement.
- 2 Whether the claimant is entitled to special damages of Kshs. 1,000.
- 3 Whether the Tribunal has jurisdiction over the 2nd Respondent.
Ratio Decidendi
The Tribunal found that the claimant had proved her case against the 1st Respondent by showing that Kshs. 143,057 was deducted from her salary under an Asset Finance Agreement, but no asset was allocated to her. The claimant also proved special damages of Kshs. 1,000 by producing an official search and receipt. The Tribunal confirmed the summary judgment previously entered for Kshs. 143,057 and awarded the additional Kshs. 1,000 as special damages. However, the claim against the 2nd Respondent was struck out in its entirety due to lack of proof of the Tribunal's jurisdiction over it. The total award of Kshs. 144,057 was entered in favour of the claimant against the 1st Respondent, with...
Court Disposition
Claim allowed in part against the 1st Respondent; claim against the 2nd Respondent struck out.
Orders
- Judgment entered for the claimant against the 1st Respondent for Kshs. 143,057 as refund.
- Special damages of Kshs. 1,000 awarded to the claimant.
Full Case Text
Judgment text and source record
26 paragraphs
Mungania v Equator Nursing Home Saving and Credit Coop. Society Limited & another (Tribunal Case 783/E911 of 2023) [2024] KECPT 1178 (KLR) (25 July 2024) (Judgment)
Neutral citation: [2024] KECPT 1178 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 783/E911 of 2023
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
July 25, 2024
Between
Emily Makena Mungania
Claimant
and
Equator Nursing Home Saving and Credit Coop. Society Limited
1st Respondent
Meridian Equator Hospital Limited
2nd Respondent
Judgment
1. The matter for determination is a statement of claim dated 25. 10. 2023 for refund of Kshs. 143,057/=, Special Damages of Kshs. 1000/=, Costs and Interest in the claim.
2. The claim is based on an Asset Finance Agreement in which the Claimant was contributing Kshs. 12,916/= per month with effect from May 2019 and in which the Claimant averred that Kshs. 143,057/= had been deducted from her salary and no asset had been allocated.
3. We note that the 2nd Respondent is a Limited Liability Company trading as a Health Service Provider and the 1st Respondent is a Sacco in which the Claimant was a member.
4. Summary judgment was entered against the 1st Respondent for Kshs. 143,057/= (prayer a) on 12. 3.2024 and matter proceeded for Formal Proof on 17. 6.2024.
5. In the Claimant’s claim for Special Damages, the Claimant produced an official search dated 3. 10. 2023 and receipt for Kshs. 1000/= dated 28. 9.2023.
6. We have considered the evidence on record as per the List of Documents dated 25. 10. 2023. Witness Statement dated 25. 10. 2023 both adopted during the Formal Proof hearing.
7. However, there was no proof that the Tribunal has jurisdiction in regard to the 2nd Respondent hence the claim against the 2nd Respondent is struck out in its entirely.
8. Judgment is entered for prayer b for Special Damages at Kshs. 1000/= and the summary judgment dated 12. 3.2024 is accordingly confirmed for Kshs. 143,057/=
Total claim for Kshs. 144,057/= is entered in favour of the Claimant against the 1st Respondent costs and interest in the claim at Tribunal rates from the date d 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 JemimahNo appearance by partiesJudgment entered in the absence of the parties.Hon. B. Kimemia Chairperson Signed 25. 7.2024