[2021] KECPT 250 (KLR)
The tribunal found that the claimant was entitled to an order compelling the respondent to provide a proper and full statement of account, as prayed in the statement of claim. The tribunal declined to award the specific sum claimed in submissions due to lack of clear computation and because parties are bound by...
Source-derived case information.
- Citation
- [2021] KECPT 250 (KLR)
- Parties
- Claimant: Phinius Kirimi M'Kirigia; Respondent: Jitegemee Sacco Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 289 of 2019
- Procedural Posture
- Tribunal Claim / Judgment After Formal Proof; Respondent Absent
- Outcome
- Claim allowed in part; orders granted as per statement of claim prayers (a) and (b); costs and interest awarded.
- Legal Topics
- Sacco Member Savings, Refund of Illegal Deductions, Default Judgment, Statement of Account
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phinius Kirimi M'Kirigia
Claimant
Jitegemee Sacco Society Limited
Respondent
Procedural Posture
Tribunal Claim / Judgment After Formal Proof; Respondent Absent
Legal Issues
- 1 Whether the claimant is entitled to a proper computation of his savings and interest by the respondent.
- 2 Whether the claimant is entitled to a refund of all savings and the Kshs. 1,600 allegedly illegally deducted.
- 3 Whether costs and interest should be awarded to the claimant.
Ratio Decidendi
The tribunal found that the claimant was entitled to an order compelling the respondent to provide a proper and full statement of account, as prayed in the statement of claim. The tribunal declined to award the specific sum claimed in submissions due to lack of clear computation and because parties are bound by their pleadings. The tribunal further ordered that any savings found due to the claimant, upon computation, be refunded together with the Kshs. 1,600 alleged to have been illegally deducted. Costs and interest at tribunal rates were also awarded to the claimant.
Court Disposition
Claim allowed in part; orders granted as per statement of claim prayers (a) and (b); costs and interest awarded.
Orders
- Respondent to file a proper and full statement of account within 30 days.
- Upon computation, any savings found due to the claimant to be refunded plus Kshs. 1,600 as prayed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO.289 OF 2019
PHINIUS KIRIMI M’KIRIGIA .............................................CLAIMANT
VERSUS
JITEGEMEE SACCO SOCIETY LIMITED.................... RESPONDENT
JUDGMENT
The matter for determination is Statement of Claim filed on 3/6/2019 seeking the following prayers:
1. An Order for proper computation of the Claimants savings and interests thereto.
2. An Order for refund of all the savings and the Kshs. 1,600 illegally deducted.
3. Costs and interests.
The Respondent did not enter appearance or file Defence.
Interlocutory judgment was entered on 17/11/19 and matter was fixed for formal proof. The Claimant filed written submissions on 19/5/21 and claimed Kshs.298,358/=. However, there is no clear computation of how the Claimant came up with that amount.
Parties are bound by their own pleadings and if the written submissions do not reflect prayers sought for the Statement of Claim, then making a determination based on written submissions does not provide a solution to the Claimant’s Claim.
We therefore;
1. Grant prayer (a) of the Statement of Claim and order for the Respondent herein to file a proper and full Statement of Account within 30 days herein.
2. Upon computation, any savings found due to the Claimant be refunded plus the 1600/= as prayed in prayer (b) of the Claim.
3. Costs and interest granted at Tribunal rates.
Judgment signed, dated and delivered virtually this 2ndday of September, 2021.
Hon. B. Kimemia Chairperson Signed 2. 9.2021
Hon. J. Mwatsama Deputy Chairperson Signed 2. 9.2021
Mr. Gitonga Kamiti Member Signed 2. 9.2021
Mr. Boniface Akusala Member Signed 2. 9.2021
Tribunal Clerk R. Leweri
No appearance
Hon. B. Kimemia Chairperson Signed 2. 9.2021