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Ntwiga v Good Hope Sacco Society (Tribunal Case E175 (182) of 2022) [2023] KECPT 438 (KLR) (Civ) (8 June 2023) (Judgment)
Neutral citation:
[2023] KECPT 438 (KLR)
Republic of Kenya
Tribunal Case E175 (182) of 2022
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
June 8, 2023
Between
Karendi Ntwiga
Claimant
and
Good Hope Sacco Society
Respondent
(Coram: Hon.B. Kimemia- Chairperson, Hon. J. Mwatsama- Deputy Chairperson, Hon. B. Sawe- Member, Hon. F. Lotuiya- Member, Hon.P. Gichuki- Member, Hon. M. Chesikaw- Member and Hon. P. Aol- Member)
Judgment
1.The claim for Determination is dated February 24, 2022 filed on March 21, 2022. The statement of claim is accompanied by a verifying affidavit, witness statement, list of documents and list of witness all dated the same dayList of Documents has:a.A copy of the National Identity Card.b.A copy of the membership card.c.A copy of the Demand Letter dated 3.6.2021d.A copy of the Demand Letter October, 25, 2021e.A copy of Pay slip for June 2021f.A copy of Pay slip for July 2021g.A copy of Payslip for August 2021h.A copy of Payslip for September, 2021i.A copy of the Share Certificatej.Other Document to be produced with leave of court.
2.The claimant sought Judgment to be entered against respondent for.1.A refund of member contribution of Kshs. 463,600/= with interest2.General Damages3.Cost4.Interest on (1), (2), (3)5.Any other Reliefs
3.The claimant avers that she had been a member of the respondent for 26 years with a monthly contribution of Kshs. 463,600/= through a letter dated June 3, 2021. The Claimant expressed their intention to withdraw membership. She acquired a durance certificate from TSC, ascertained she had no liability as required by the respondent. On June 3rd, 2021, the claimant notified the Respondent and requested for a refund of their contribution. Through a letter retrenched KIR/E063/2021 The claimant sent a letter to remind the Respondent around October 25, 2021.The Respondent has not responded to the claimant despite several reminders Judgment entered in favour of claimant against respondent.
4.The claimant also filed their written submissions dated March 8, 2023 which further supported the Claim.
5.The respondent did not file any response to defend the suit. As a result, the claimant filed a request for Judgement dated July 13, 2022 which was served to the respondent. affidavit of Service dated July 13, 2022 supports the service. Through a Notice dated March 15, 2023 the claimant notified the respondent of the Judgement.
6.The claimant proved that the respondent was aware of the suit and informed the respondent on Request for Judgement in default Order 36(1) of the Civil Procedure Rules provides that summary Judgment can be entered in favor of the claimant if the respondent has entered appearance but failed to tender their defense in a liquidated claim. Sufficient notice on the application of judgement in default of not less than seven days was also met by the claimant.
7.The matter is a liquidated claim dated of KSH 463,600/= to which the claimant attached three pay slip copies that showed that despite withdrawal, the Respondent still continued to make from January to June. The claimant has also provided sufficient proof they were a member of the respondent. Being aware of the suit and request for judgment, the respondent still has not filed may response to disapprove the Claim.
Upshot
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 8TH DAY OF JUNE, 2023.Hon. Beatrice Kimemia Chairperson Signed 8.6.2023Hon. J. Mwatsama Deputy Chairperson Signed 8.6.2023Hon. Beatrice Sawe Member Signed 8.6.2023Hon. Fridah Lotuiya Member Signed 8.6.2023Hon. Philip Gichuki Member Signed 8.6.2023Hon. Michael Chesikaw Member Signed 8.6.2023Hon. Paul Aol Member Signed 8.6.2023Tribunal Clerk JonahNo appearance by parties.Ruling delivered in absence of parties.Hon. J. Mwatsama Deputy Chairperson Signed 8.6.2023
