Ndungu v Urithi Housing Co-operative Society Limited (Tribunal Case 112/ E003 of 2021) [2023] KECPT 1065 (KLR) (30 November 2023) (Judgment)
- Court
- Co-operative Tribunal
- Case number
- 1065
- Citation
- [2023] KECPT 1065 (KLR)
- Decided
- 30 November 2023
The Court finds the Claimant has proven their case and enters judgment in favor of the Claimant for Kshs. 330,000/= plus costs and interest.
Facts
The Claimant, Nduati Ndungu, is a member of the Respondent, Urithi Housing Co-operative Society Limited. He claims that he paid Kshs. 330,000/= for a piece of land in Kilimambogo but the Respondent has not transferred the land as agreed. The Claimant also claims a refund and interest.
Issues
- Whether the Claimant is entitled to a refund?
- Who bears the costs?
Reasoning
The Court held that there was no valid contract between the parties due to the lack of a written, executed, and attested Sale Agreement. The Claimant provided evidence of the payment made, while the Respondent failed to produce any evidence supporting their claim.
Outcome
Judgment in favor of the Claimant for Kshs. 330,000/= plus costs and interest.
Orders
- 30 days stay of execution granted to Respondent.
Remedies
- Refund of Kshs. 330,000/=
- Interest on the refund
- Costs of the suit
Authorities cited
Legislation (1)
- Law of Contract Act
Cases cited (1)
- Peter Mbiri Michuki v Samuel Mugo Michuki (2014) eKLR
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