Case ID:181924

Lily Nafula Wephukhulu v Huduma Co-op Saving and Credit Ltd Society [2021] eKLR

Case Metadata

Case Number:

Tribunal Case 679 of 2019

Parties:

Lily Nafula Wephukhulu v Huduma Co-op Saving and Credit Ltd Society

Date Delivered:

29 Jul 2021

Case Class:

Civil

Court:

Cooperative Tribunal

Case Action:

Judgment

Judge(s):

Hon. B. Kimemia - Chairperson, Hon. J. Mwatsama - Deputy Chairperson & Mr. Gitonga Kamiti - Member

Citation:

Lily Nafula Wephukhulu v Huduma Co-op Saving and Credit Ltd Society [2021] eKLR

Advocates:

Rakoro Advocate for Claimant: Present

Court Division:

Tribunal

County:

Nairobi

Advocates:

Rakoro Advocate for Claimant: Present

History Advocates:

One party or some parties represented

Case Outcome:

Judgement entered in favor of the Claimant

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI

TRIBUNAL CASE NO. 679 OF 2019

LILY NAFULA WEPHUKHULU................................................................CLAIMANT

VERSUS

HUDUMA CO-OP SAVING AND

CREDIT LTD SOCIETY................RESPONDENT

JUDGMENT

1. The Claimant filed a plaint dated

28 / 10/2019

on

30/10/2019.

The Claimant states she became a member of Huduma Co-op Saving and Credit Society on 8/10/14. She was employed as a cleaner with Guru Nanak Ramagharia Temple and paid Ksh2,720/= which accumulated as follows entrance fee Kshs1,000/= Shares Kshs1,500/=, Co-op commission Ksh20/= and benevolent funds Kshs200/= That as at 1/8/15 the Claimant had contributed

Kshs26,000/=

however, her current account statement shows her account to have

Kshs.33,650/=

2. In September 2015, the Claimant lost her job and in November 2015 wrote a resignation letter requesting for payment of her contribution which stood at

Kshs26,000/=.

The Respondent requested her to wait for three months and had not been paid at the time of filing suit. The Claimant claims

Kshs.33,650/=

as indicated by the Respondent and Claimant requests to be paid the same.

3. The Respondent filed Statement of Admission dated

31/12/19

on

2/1/20.

The Respondent in paragraph 4 admitted to the sum of

Kshs19,190/=

In paragraph 5 the Respondent stated they are willing to pay the Claimant in installment of

Kshs5,000/=

until payment in full.

In contradiction the Respondent in paragraph 8 states the claim is

res judicata

and should be dismissed with costs and that they would be seeking for refund of

Ksh19,190/=

till payment in full from Claimant.

4. The court directed that the matter be dispensed by way of written submissions on

12/10/20

. The Claimant filed their written submissions dated

1/3/21

filed on

4/3/21.

5. As per the documents attached by the Claimant at the time of filing suit, the receipts are proof of payment and thus add up to

Ksh38,520/=

The payment statement for the year 2016 dated

4/4/18

and hand written note for the amount due as at August 2019 is attached but reads a different name from the Claimant and its not authenticated.

We therefore shall not consider the same document noting it is not in the court records. He who pleads must prove. The Respondent having admitted to the sum of

Ksh26,000/=

judgment having been entered for the amount on

12/10/20.

6. From the documents filed by the Claimant we note the same allude to the Claimant having savings of

Kshs19,540/=

and benevolent fund of

Kshs2,200/=

as of

11/8/2015

and not

Kshs.26,000/=

as per the pleadings in paragraph 4. With this in mind and the judgment of the admitted sum being entered. We find that total the Claimant is owed

Kshs19,540/=.

Judgement is entered in favor of the Claimant for;

a) Kshs.19,540/=

b) Costs and interest in the suit from date of filing suit.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 29TH DAY OF JULY, 2021.

Hon. B. Kimemia Chairperson Signed 29.7.2021

Hon. J. Mwatsama Deputy Chairperson Signed 29.7.2021

Mr. Gitonga Kamiti Member Signed 29.7.2021

Tribunal Clerk Maina Charles

Rakoro Advocate for Claimant: Present

No appearance for Respondent

Hon. B. Kimemia Chairperson Signed 29.7.2021