[2022] KECPT 893 (KLR)
The Tribunal found that the Respondent admitted owing Kshs 676,474.00 and failed to provide sufficient evidence of further payments or valid set-offs beyond what was already credited by the Claimant. The Tribunal confirmed that a payment of Ksh 50,000.00 was made and properly accounted for in the Claimant's records....
Source-derived case information.
- Citation
- [2022] KECPT 893 (KLR)
- Parties
- Applicant: Sheikh Khalifa Co-op. Savings Credit Soc. Ltd; Respondent: Amir Mohamed Thoya
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 131 of 2017
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- Judgment for the Claimant.
- Judges
- BM Kimemia, M Mwatsama, M. Mbeneka
- Legal Topics
- Loan Recovery, Default on Loan, Credit Societies, Summary Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sheikh Khalifa Co-op. Savings Credit Soc. Ltd
Applicant
Amir Mohamed Thoya
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the Respondent is indebted to the Claimant for the sum claimed.
- 2 Whether the Respondent's admitted liability should be offset by shares, dividends, and overtime amounts.
- 3 Whether the Claimant is entitled to interest and costs.
Ratio Decidendi
The Tribunal found that the Respondent admitted owing Kshs 676,474.00 and failed to provide sufficient evidence of further payments or valid set-offs beyond what was already credited by the Claimant. The Tribunal confirmed that a payment of Ksh 50,000.00 was made and properly accounted for in the Claimant's records. The Respondent did not file written submissions or actively defend the claim despite being served. In the absence of credible evidence to the contrary, the Tribunal accepted the Claimant's evidence and entered judgment for the full amount claimed, together with interest and costs.
Court Disposition
Judgment for the Claimant.
Orders
- Judgment entered in favour of the Claimant for Ksh 1,172,820.00 against the Respondent.
- The Respondent shall pay interest at commercial rates until payment in full.
Full Case Text
Judgment text and source record
21 paragraphs
Sheikh Khalifa Co-op. Savings Credit Soc. Ltd v Thoya (Tribunal Case 131 of 2017) [2022] KECPT 893 (KLR) (15 December 2022) (Judgment)
Neutral citation: [2022] KECPT 893 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 131 of 2017
BM Kimemia, Chair, M Mwatsama, Vice Chair & M. Mbeneka, Member
December 15, 2022
Between
Sheikh Khalifa Co-op. Savings Credit Soc. Ltd
Claimant
and
Amir Mohamed Thoya
Respondent
Judgment
1. Matter for determination is Statement of Claim dated February 15, 17 filed on February 23, 17. The Claimant avers they advanced Kshs 51,172,820. 00 against the Respondent in different periods, is that July, 2004-January to 2013 and Respondent has since failed to pay.The Claimant therefore prays for;a.Ksh 1,172,820. 00b.Interest on the above at Commercial rates until payment in fullc.Costs of this suitd.Any further relief as this honourable Tribunal may deem just and fit to grant.Claimant filed witness statement and Claimant List of documents dated February 15, 17 on February 23, 17 Interlocutory Judgment was entered but however set aside on August 30, 12.
2. Respondent filed Statement of Defence dated February 6, 18 filed on even date together with list of documents dated February 6, 2018. The Respondent denied owing the Claimant the alleged sum of money and that the sum owed from statement is Kshs 676,474. 00 which he admitted and stated the same to be offset from his shares, dividends and overtime amount over Ksh 400,000. 00.
3. On April 12, 22 the matter proceeded for hearing exparte despite Respondent being served as per the Affidavit of Service of Gordon Odhiambo sworn on July 22, 22 and hearing notice received by Kadimo Advocates on September 27, 21 for hearing on April 12, 22. C.W.1 –Iha Mitsanze Iha adopted his witness statement as Chairman of the Claimant Sacco.C.W.2Willy Fred Ogango an Accountant of Sheikh Aliya School and Chairman of Supervisory Committee.He adopted his written statement dated February 15, 17 and produced their documents dated February 15, 17 filed on February 23, 17.
4. The claim being undefended during trial we take it consideration the Respondent had admitted owing Kshs 676,474. 00 leaving a balance of Ksh 496,346. 00. As per the documents the Respondents states he paid Ksh 50,000. 00 on July 15, 14. Which we confirm from Claimant’s Statement of Account Ksh. 50,000. 00 was paid and distributed as repayment for development loan Kshs 30,000. 00 and emergency loan Ksh 20,000. 00. The Claimant did take the same into consideration as the same was paid June 30, 14. If there is any other payment made in July, 2014 is on Respondents to give the details which are not presented before the tribunal.
5. Having considered the written submissions of Claimants and as the date of writing this judgment no written submissions were filed by Respondent despite service of mention notice to file written submissions as evidenced in Affidavit of Service of v sworn on July 22, 22 filed or even date and mention notice received on 17/5/22. We find the Respondent are not interested in defending the claim.
6. In the absence of the same, judgment is entered in favour of Claimant against Respondent for Ksh 1,172,20. 00 plus costs and interest.
Judgment, Read and Delivered virtually on 15th December, 2022. Hon Beatrice Kimemia – Chairperson - Signed 15. 12. 2022Hon Mjeni Mwatsama - D/Chairperson - Signed 15. 12. 2022Maria Mbeneka - Member - Signed 15. 12. 2022