[2025] KECPT 300 (KLR)
The Tribunal found that the claimant had provided sufficient documentary evidence of payment and allocation of the plot by the respondent. The respondent failed to appear or contest the claim, and there was no evidence to contradict the claimant's assertions. The Tribunal held that the claimant is entitled to the...
Source-derived case information.
- Citation
- [2025] KECPT 300 (KLR)
- Parties
- Applicant: Timothy Gachiki Wachira; Respondent: Afya Investment Cooperative Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 900/E909 of 2023
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- judgment for the claimant
- Judges
- BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, PO Aol
- Legal Topics
- Title Deed Issuance, Cooperative Society Land Allocation, Refund of Purchase Price
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Timothy Gachiki Wachira
Applicant
Afya Investment Cooperative Society Limited
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to an order compelling the respondent to process and issue a title deed for the specified plot.
- 2 Whether the claimant is entitled to a refund or compensation if the title deed is not issued.
Ratio Decidendi
The Tribunal found that the claimant had provided sufficient documentary evidence of payment and allocation of the plot by the respondent. The respondent failed to appear or contest the claim, and there was no evidence to contradict the claimant's assertions. The Tribunal held that the claimant is entitled to the reliefs sought, namely, the issuance of the title deed for the specified plot or, in the alternative, compensation equivalent to the current market value of the plot. The Tribunal also awarded costs and interest to the claimant, emphasizing that cooperative societies must honor their obligations to members who have fulfilled all conditions for land allocation.
Court Disposition
judgment for the claimant
Orders
- The respondent is ordered to process and issue a title deed in favour of the claimant for Plot/Beacon No. 130, Title No. Donyosabuk/Komarock Block 1/69990 within sixty (60) days from the date of judgment.
- In the alternative, the respondent shall pay to the claimant a sum equivalent to the current market value of the plot within sixty (60) days from the date of judgment.
Full Case Text
Judgment text and source record
20 paragraphs
Wachira v Afya Investment Cooperative Society Limited (Tribunal Case 900/E909 of 2023) [2025] KECPT 300 (KLR) (29 May 2025) (Judgment)
Neutral citation: [2025] KECPT 300 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 900/E909 of 2023
BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki & PO Aol, Members
May 29, 2025
Between
Timothy Gachiki Wachira
Claimant
and
Afya Investment Cooperative Society Limited
Respondent
Judgment
1. The Claimant’s Claim herein was brought to the Tribunal vide the Statement of Claim dated 25th October, 2023. Therein, the Claimant prays for judgement against the Respondent for orders: -a.That the Respondent be and is hereby ordered to process and issue a title deed in favour of the Claimant for the plot of land particularized as follows;Plot/Beacon No. 130Title No. Donyo/Sabuk/Komarock Block 1/69990b.That in the alternative and without prejudice to the foregoing, the Respondent be ordered to refund to the Claimant the amount paid to acquire the said plot of land.c.Costs of this suit,d.Interest on (b) and (c) above at Court rates.e.Any other or further relief that this Court deem fit to grant.
2. The Claimant’s case is that he is a member of the Respondent and he purchased a plot of land through the Respondent in Kangundo Road Land Project at Malaa Phase B after paying Kshs. 275,000/= to the Respondent. That he was allocated a plot from the project, being plot number 130, Title No. Donyosabuk/komarock Block 1/69990. That the Claimant was asked to submit copies of his ID card, KRA PIN Certificate and three colored passport size photographs to facilitate processing of his title deed, which he supplied to the Respondent. That to date, the Respondent has never processed the said title deed, despite numerous demands and notice. That Interlocutory Judgement was entered against the Respondent on account of default to enter appearance and file Defence; and the case proceeded to formal proof on 11th March, 2025. At the hearing, the Claimant produced his Written Statement dated 25th October, 2023 as his evidence in Chief and the List of Documents dated 25th October, 2023 and marked the documents therein Claimant’s exhibit 1 and 2 and prayed that the title deed be issued or he be refunded the sum of Kshs. 275,000/=.
Analysis and Determination. 3. We have considered the documents filed by the Claimant and find that there is only one issue to be determined; that whether the claimant is entitled to the judgement sought.In support of his claim, the Claimant has produced a letter dated 23rd September, 2017 addressed to him by the Respondent, wherein the Respondent confirms that the Claimant’s Application for a plot was successful and that after payment of Kshs. 275,000/=, the Claimant has been allocated one plot in the Kangundo Road Land Project at Malaa Phase 8 whose details are plot number 130 and Title No. Donyosabuk/komarock Block 1/69990.
Upshot 4. In the absence of any evidence to controvert the Claimant’s said evidence, we find the same as sufficient proof of the Claimant’s case and hold that the Claimant is entitled to the prayers sought in the Statement of Claim. Consequently, we enter judgement in favour of the Claimant against the Respondent and make the following orders: -
a.The Respondent is hereby ordered to process and issue a title deed in favour of the Claimant for Plot/Beacon No. 130, Title No. Donyosabuk/komarock Block 1/69990, within sixty (60) days from the date of this judgement.b.In the alternative, the Respondent to pay to the Claimant a sum equivalent to the current market value of the plot within sixty (60) days from the date of this judgement.c.The Claimant is awarded the costs of this suit and interest at Tribunal rates.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY ATNAIROBI THIS 29TH DAY OF MAY, 2025. HON. B. KIMEMIA CHAIRPERSON SIGNED 29. 5.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 29. 5.2025HON. BEATRICE SAWE MEMBER SIGNED 29. 5.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 29. 5.2025HON. PHILIP GICHUKI MEMBER SIGNED 29. 5.2025HON. P. AOL MEMBER SIGNED 29. 5.2025Tribunal Clerk MutaiMwangi Kinyua advocate for the Claimant.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 29. 5.2025