[2024] KECPT 1158 (KLR)
The Tribunal found that the claimant had proved the claim on a balance of probabilities by producing documentary evidence of the shares and the retrenchment letter. The respondent failed to appear or adduce any evidence in support of its defence. Consequently, the Tribunal struck out the respondent's defence and...
Source-derived case information.
- Citation
- [2024] KECPT 1158 (KLR)
- Parties
- Applicant: Onsando Nyangweso; Respondent: Mawasiliano Sacco Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 490 of 2009
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- Claim allowed. Judgment entered for the claimant.
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Refund of Shares, Cooperative Societies Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Onsando Nyangweso
Applicant
Mawasiliano Sacco Limited
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to a refund of Kshs. 118,600 from the respondent cooperative society.
- 2 Whether the respondent's defence has merit in law.
Ratio Decidendi
The Tribunal found that the claimant had proved the claim on a balance of probabilities by producing documentary evidence of the shares and the retrenchment letter. The respondent failed to appear or adduce any evidence in support of its defence. Consequently, the Tribunal struck out the respondent's defence and 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
Claim allowed. Judgment entered for the claimant.
Orders
- The respondent shall pay the claimant Kshs. 118,600.
- The respondent shall pay interest at Tribunal rates from the date of filing the claim.
Full Case Text
Judgment text and source record
20 paragraphs
Nyangweso v Mawasiliano Sacco Limited (Tribunal Case 490 of 2009) [2024] KECPT 1158 (KLR) (25 July 2024) (Judgment)
Neutral citation: [2024] KECPT 1158 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 490 of 2009
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
July 25, 2024
Between
Onsando Nyangweso
Claimant
and
Mawasiliano Sacco Limited
Respondent
Judgment
1. The Claimant’s claim is for a refund of Kshs. 118,600/= plus interest and costs as per the Statement of Account dated 16. 12. 2009. The Respondent filed a Defence dated 30. 12. 2009 denying the claim .
2. The matter has come up on several occasions and the Respondent has never appeared in the Tribunal since the matter first came up on 17. 2.2010 and 27. 4.2010. thereafter the matter was fixed for mention on 9. 2.2023 and the Claimant had not moved the Tribunal but instead wrote a letter to the ombudsman dated 11. 6.2022 complaining about the matter.
3. We note that since the matter was in court in the year 2010, there had been no action taken by the Claimant until the Tribunal received the said letter and the matter was fixed for hearing.
4. The matter proceeded for hearing on 11. 6.2024 and produced 2 documents – Pay-slip for January 2008 showing shares of Kshs. 118,600/= and the retrenchment letter dated 8. 2.2008.
5. We find that the Claimant has proved the claim on a balance of probabilities and enter judgment in favour of the Claimant for Kshs. 118,600/= plus costs and interest in the claim at Tribunal rates from the date of filing claim. Respondents Defence is accordingly struck out.
JUDGMENTSIGNED, 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 JemimahOnsando Nyangweso Claimant- PresentNo appearance for RespondentHon. B. Kimemia - Chairperson Signed 25. 7.2024