[2023] KECPT 756 (KLR)

[2023] KECPT 756 (KLR)

The Tribunal found that the claimant had provided sufficient and credible evidence to prove the loss of dividends for the years 2017 through 2021. The Tribunal accepted the claimant's calculations and documentation, awarding the claimed amounts for lost dividends and deposits/share capital, with interest and costs....

Source-derived case information.

Citation
[2023] KECPT 756 (KLR)
Parties
Claimant: Daniel Kamau Samuel; Respondent: Jane Waithera Kimata
Court
Cooperative Tribunal
Jurisdiction
Kenya
Judgment Date
24 August 2023
Case Number
Tribunal Case 284/E336 of 2022
Procedural Posture
Formal Proof / Judgment
Outcome
Judgment entered for the claimant against the respondent.
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Formal Proof Hearing, Burden of Proof, Lost Dividends
Source Language
english
Civil Procedure Formal Proof Hearing Burden of Proof Lost Dividends

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Daniel Kamau Samuel

Claimant

Jane Waithera Kimata

Respondent

Procedural Posture

Formal Proof / Judgment

Legal Issues

  1. 1 Whether the claimant proved entitlement to lost dividends for the years 2017 to 2021.
  2. 2 Whether the claimant is entitled to the amounts claimed as deposits and share capital with interest.

Ratio Decidendi

The Tribunal found that the claimant had provided sufficient and credible evidence to prove the loss of dividends for the years 2017 through 2021. The Tribunal accepted the claimant's calculations and documentation, awarding the claimed amounts for lost dividends and deposits/share capital, with interest and costs. The absence of a defence or contrary evidence from the respondent further strengthened the claimant's case. The Tribunal relied on the principle that the burden of proof lies with the party making the allegation, and found that the claimant had discharged this burden to the required standard.

Court Disposition

Judgment entered for the claimant against the respondent.

Orders

  • The respondent shall pay the claimant KES 1,598,869.85 as deposits and share capital with interest.
  • The respondent shall pay the claimant KES 796,562.74 as lost dividends with interest.