[2024] KECPT 1141 (KLR)
The tribunal found that the respondent's defence was a mere denial and was unsupported by any evidence, submissions, or documentation. The claimant, on the other hand, had filed all necessary documents and established his claim on a balance of probabilities. In the absence of any substantive challenge or rebuttal...
Source-derived case information.
- Citation
- [2024] KECPT 1141 (KLR)
- Parties
- Applicant: AaronN Salaash; Respondent: Metropolitan National Sacco Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 8 of 2023
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- judgment for the claimant
- Judges
- BM Kimemia
- Legal Topics
- Refund of Deposit, Cooperative Societies Disputes, Balance of Probabilities
- 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
AaronN Salaash
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. 427,804.25 from the respondent.
- 2 Whether the respondent's defence amounts to a mere denial and if so, its effect on the claim.
- 3 Whether costs and interest should be awarded to the claimant.
Ratio Decidendi
The tribunal found that the respondent's defence was a mere denial and was unsupported by any evidence, submissions, or documentation. The claimant, on the other hand, had filed all necessary documents and established his claim on a balance of probabilities. In the absence of any substantive challenge or rebuttal from the respondent, the tribunal was satisfied that the claimant was entitled to the refund sought. Judgment was therefore entered in favour of the claimant for the sum claimed, together with costs and interest at tribunal rates from the date of filing.
Court Disposition
judgment for the claimant
Orders
- Judgment entered in favour of the claimant for Kshs. 427,804.25 plus costs and interest at tribunal rates from the date of filing.
- 30 days stay of execution granted.
Full Case Text
Judgment text and source record
21 paragraphs
Salaash v Metropolitan National Sacco Society Limited (Tribunal Case 8 & E017 of 2023 (Consolidated)) [2024] KECPT 1141 (KLR) (25 July 2024) (Judgment)
Neutral citation: [2024] KECPT 1141 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 8 & E017 of 2023 (Consolidated)
BM Kimemia, Chair
July 25, 2024
Between
AaronN Salaash
Claimant
and
Metropolitan National Sacco Society Limited
Respondent
Judgment
JUDGMENT OF THE TRIBUNAL 1. The matter for determination is based on Statement of Claim dated January 10, 2023 for a refund of Kshs. 427,804. 25/= plus costs and interest in the claim.
2. The Respondent filed a Defence dated February 8, 2023 denying the claim.
3. Parties were ordered to file their written submissions on 20. 11. 2023 to dispense the claim and on 15. 4.2024, the Respondent had still not filed written submissions. The Claimant filed written submissions dated 21. 3.2024.
4. We note that the Claimant filed the written statement dated 10. 1.2023 and List of Documents dated 10. 1.2023.
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. 427,804. 25/= 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 JEMIMAHAaron Salaash- Claimant PresentMs. Wanjiru for Respondent holding brief for Thimba advocateMs. Wanjiru for Respondent – I pray for 30 days stay of executionAaron Salaash – I object, I need money to pay fees.Ms. Wanjiru for Respondent- We are entitled by lawOrder- 30 days stay of execution granted.HON. B. KIMEMIA CHAIRPERSON SIGNED 25. 7.2024