[2025] KECPT 112 (KLR)
The tribunal found that the claimants had produced credible evidence, including receipts, demonstrating payment of Kshs. 400,000 to the respondent for the Joska Apartment Project. The respondent failed to adduce any evidence or submissions to rebut the claimants' case. The tribunal held that the claimants had proved...
Source-derived case information.
- Citation
- [2025] KECPT 112 (KLR)
- Parties
- Applicant: Edgar Gabriel Radoli; Applicant: Victoria M. Wambua; Respondent: Urithi Housing Co-operative Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 573/E046 of 2021
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- Claim allowed with refund, costs, and interest awarded to claimants.
- Judges
- Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Contractual Disputes, Cooperative Societies, Refund of Deposit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edgar Gabriel Radoli
Applicant
Victoria M. Wambua
Applicant
Urithi Housing Co-operative Society Limited
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the claimants paid Kshs. 400,000 to the respondent for the Joska Apartment Project.
- 2 Whether the respondent is liable to refund the claimants the sum paid plus interest and costs.
Ratio Decidendi
The tribunal found that the claimants had produced credible evidence, including receipts, demonstrating payment of Kshs. 400,000 to the respondent for the Joska Apartment Project. The respondent failed to adduce any evidence or submissions to rebut the claimants' case. The tribunal held that the claimants had proved their claim on a balance of probabilities and were entitled to a refund of the amount paid, together with costs and interest from the date of filing at tribunal rates.
Court Disposition
Claim allowed with refund, costs, and interest awarded to claimants.
Orders
- The respondent shall refund Kshs. 400,000 to the claimants.
- The respondent shall pay costs of the suit to the claimants.
Full Case Text
Judgment text and source record
27 paragraphs
Radoli & another v Urithi Housing Co-operative Society Limited (Tribunal Case 573/E046 of 2021) [2025] KECPT 112 (KLR) (30 January 2025) (Judgment)
Neutral citation: [2025] KECPT 112 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 573/E046 of 2021
Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
January 30, 2025
Between
Edgar Gabriel Radoli
1st Claimant
Victoria M. Wambua
2nd Claimant
and
Urithi Housing Co-operative Society Limited
Respondent
Judgment
1. The matter for determination is a Plaint dated 10th June 2021. In the Statement of Claim, the Claimants avers that they are members of the Respondent. According to the claimant they entered into a contract with the Respondent for the Joska Apartment Project, for a consideration of Kshs. 400,000/- which they paid on 5th December 2016. The Claimants claims that they paid the money, and the project did not start 3 years later, prompting them to request for a refund which they are yet to receive. The claimants therefore prays for:a.Kshs. 400,000/= plus all accrued interest at commercial rates from 5th December, 2026 until payment in full.b.Costs of this suit and interest thereof.c.Interest on (i) and (ii) above at court rates.d.Any other or further order that this Honourable court may deem fit and just to grant.The Claimants filed a list of Documents in support of their claim.
2. The Respondent filed a Statement of Defence on 14th February 2022. In the Statement of Defence, the Respondent admits that the Claimant was its member. However, they deny ever receiving any money from the Claimants for the Joska Apartments and aver that they don’t owe the Claimants any money.
3. During hearing, the Claimant testified and produced his witness statement and list of documents for adoption by the court. The Claimants testified that they saw a bill board and got interested. That they were taken to Joska to view the grounds, and were shown Phase 1 project which was fully booked. That they booked phase II, and paid Ksh. 400,000/- for two units. That when they saw that the project was not progressing they requested for a refund, which they were not given. On cross-examination, the Claimants averred that they were not given any agreements in respect to the property.
4. The Respondents did not present any witnesses during the hearing.
5. At the time of writing this judgement, only the Claimant had filed their submissions.
Analysis 6. The tribunal has noted all the pleadings filed and the evidence produced during the hearing. The submissions of the claimant have also been duly considered.
7. It is not in dispute that the claimant was a member of the respondent. The respondent admits to this fact.
8. What is in dispute is whether the Claimants indeed paid the Respondents a deposit for the Joska Apartments. What the Tribunal asks itself is whether the Claimant has proved his case beyond any reasonable doubt. The Claimant produced receipts allegedly provided by the Respondent after depositing the project money. During cross-examination, the Claimants stated that they did not have a contract for the project. The Respondents did not call any witness to produce the witness statement filed, and neither did they file any submissions. The evidence of the Claimant is, therefore, not controverted. We are inclined to believe the Claimant’s claim that they indeed paid the money since they have produced copies of receipts, and the Respondents have not disputed the same.
9. The upshot of the above is that we find merit in the Claimant’s claim. We order as follows:
a.A refund of Kshs. 400,000/-c.Costs of suit and interest from the date of filing suit at Tribunal rates.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 30TH DAY OF JANUARY, 2025. HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 30. 1.2025HON. BEATRICE SAWE MEMBER SIGNED 30. 1.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 30. 1.2025HON. PHILIP GICHUKI MEMBER SIGNED 30. 1.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 30. 1.2025HON. PAUL AOL MEMBER SIGNED 30. 1.2025Tribunal Clerk MutaiMs. Kimani advocate for Claimant- PresentMwangi &Partners for Respondent – No appearanceHON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 30. 1.2025