[2023] KECPT 787 (KLR)
The Tribunal found that the claimant had provided sufficient evidence to prove the loss of dividends for the years 2017 to 2021 and entitlement to the claimed deposits and share capital. The respondent did not contest the claim or provide contrary evidence. Applying the principle that the burden of proof lies on the...
Source-derived case information.
- Citation
- [2023] KECPT 787 (KLR)
- Parties
- Applicant: Daniel Kamau Samuel; Respondent: Veronica Wairimu Njuguna
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 277 (E335) of 2020
- Procedural Posture
- Formal Proof Application / Judgment
- Outcome
- Judgment for the claimant.
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Dividend Entitlement, Burden of Proof, Share Capital Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kamau Samuel
Applicant
Veronica Wairimu Njuguna
Respondent
Procedural Posture
Formal Proof Application / Judgment
Legal Issues
- 1 Whether the claimant proved entitlement to lost dividends for the years 2017 to 2021.
- 2 Whether the claimant is entitled to the sum claimed as deposits and share capital with interest.
Ratio Decidendi
The Tribunal found that the claimant had provided sufficient evidence to prove the loss of dividends for the years 2017 to 2021 and entitlement to the claimed deposits and share capital. The respondent did not contest the claim or provide contrary evidence. Applying the principle that the burden of proof lies on the party who alleges, and being satisfied with the documentary evidence presented, the Tribunal awarded the sums claimed for deposits, share capital, and lost dividends, together with costs and interest.
Court Disposition
Judgment for the claimant.
Orders
- Judgment entered in favor of the claimant for Ksh 7,158,065.55 as deposits and share capital.
- The claimant is awarded Ksh 1,985,480.11 as lost dividends.
Full Case Text
Judgment text and source record
18 paragraphs
Samuel v Njuguna (Tribunal Case 277 (E335) of 2020) [2023] KECPT 787 (KLR) (24 August 2023) (Judgment)
Neutral citation: [2023] KECPT 787 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 277 (E335) of 2020
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
August 24, 2023
Between
Daniel Kamau samuel
Claimant
and
Veronica Wairimu Njuguna
Respondent
Judgment
1. The Application to be dispensed with is one for formal proof. The Claimant following the Tribunal’s orders filed their written submission dated 17/01/2023 and filed on 25/01/2023. One of the prayers of the Statement of Claim was for lost dividends necessitating the Formal Proof hearing. The Tribunal awarded the Claimant Ksh 5,172,585. 44/- which according to the Claimant was deposits and Share Capital which would attract interests.
2. It is trite law that one has to proof what they allege. This is a legal principle that was held in Wambui Ndiritu v Joseph Kiprono & Another [2005] 1 EA 334. The Claimant has successfully has shown indeed he lost some dividends from the year 2017 through to 2021. The evidence proffered is enough and sufficient to prove that the Claimant lost dividends amounting to Ksh 1,985,480. 11/-
3. Judgement is entered in favor of Claimant against Respondent in terms of prayer number a) of Ksh 7,158,065. 55/- and dividends Ksh 1,985,480/- plus cost and interests.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 24TH DAY OF AUGUST, 2023. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 24. 8.2023HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 24. 8.2023HON. BEATRICE SAWE MEMBER SIGNED 24. 8.2023HON. FRIDAH LOTUIYA MEMBER SIGNED 24. 8.2023HON. PHILIP GICHUKI MEMBER SIGNED 24. 8.2023HON. MICHAEL CHESIKAW MEMBER SIGNED 24. 8.2023HON. PAUL AOL MEMBER SIGNED 24. 8.2023TRIBUNAL CLERK JONAHJudgment delivered in absence of parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 24. 8.2023