PCEA Kayole Regulated Non-WDT Sacco Society Limited v Njogu (Tribunal Case 318/E418 of 2022) [2025] KECPT 289 (KLR) (Admiralty) (12 May 2025) (Judgment)
Neutral citation:
[2025] KECPT 289 (KLR)
Republic of Kenya
Tribunal Case 318/E418 of 2022
Janet Mwatsama, Vice Chair, B Sawe & PO Aol, Members
May 12, 2025
Between
PCEA Kayole Regulated Non-WDT Sacco Society Limited
Claimant
and
Martin Mwaniki Njogu
Respondent
Judgment
1.Matter came for hearing of main Claim on 12/5/2025. The Claimant filed Amended Statement of Claim dated 19/9/2022. In the Amended Statement of Claim that states the Respondent was a member of the Claimant and the Claimant advanced loan of Kshs 3,700,000/= to which the Respondent defaulted after making our installment payment. The Claimant thus recovered as part payment from the Respondent’s Savings and a balance of Kshs. 1,908,988.00 is still owing.
2.The Claimant’s claim is for;a.The said sum of Kshs. 1,908,988.00/= plus interest at Court’s rate from the date of filing this suit until payment in full.b.That Kshs. 1,350,000.--/= being the forced sale value of the security offered by the Respondent DONYO SABUK/KOMA ROCKBLOCJ1/22608 be recovered by way of attachment of sale of the same.c.That the balance of Kshs. 558,988/- be recovered from the Respondent personally.d.Costs of the suit.e.Interest at Court rate from the date of filing this suit.f.Any other relief that this Honourable Tribunal may deem just and fit to grant.
3.The Respondent filed a Statement of Defence dated 2.8.2022 and List of Documents which the Respondent produced while giving evidence. It came out clearly during trial that the Respondent is not denying only the Claimant only shown how and about of misunderstanding between the parties.
4.This is a clear case which ought to have been sought out during pretrial directions or set out for mediation. With the admission of the Respondent to owing the Claimant Kshs 1,908,988.00/=; we find no other business left.1.As such we enter judgement in favor of the Claimant against the Respondent on admission of Kshs. 1,908,988.00 plus costs and interest.2.Prayer c for forced sale value and d are premature
JUDGEMENT IS ENTERED AND CLAIMANT TO FOLLOW DUE PROCESS THEREAFTER.JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLYAT NAIROBI THIS 12TH DAY OF MAY, 2025.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 12.5.2025HON. BEATRICE SAWE MEMBER SIGNED 12.5.2025HON. P. AOL MEMBER SIGNED 12.5.2025Tribunal Clerk MutaiOpiyo Advocate – Claimant had informal Charge pursuant to Section 79 (6) and (7) of Land Act. All claimants needed is an order of Court to dispose off the security. We pray the judgement to be reviewed to allow the Claimants to undertake valuation at Respondent’s cost and thereafter dispose off the suit property.Waigwa Advocate – The Court has pronounced itself. The Respondent is willing to Co-operate with the Claimant. The Claimant has a judgement. The Claimant can proceed as per the pronouncement.Opiyo Advocate – The Claimant wishes to submit Section 79 (7) Land Act. Only monies of a requirement for them to seek orders to make good as informal change. The Claimant should never be kept from its judgement.The Court has a duty to make order for Claimant to dispose informal security. It already has.It is delaying execution further. A delayed justice is a denied justice.Tribunal order.i. Judgement of the Court/Tribunal stands.ii. Parties are at liberty to appeal.