Safaricom Sacco Society Limited v Kemama (Tribunal Case E731 of 2024) [2025] KECPT 319 (KLR) (12 June 2025) (Judgment)
Neutral citation:
[2025] KECPT 319 (KLR)
Republic of Kenya
Tribunal Case E731 of 2024
Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
June 12, 2025
Between
Safaricom Sacco Society Limited
Claimant
and
Selina Njeri Wambui Kemama
Respondent
Judgment
1.In the Statement of Claim dated 24th September, 2024 filed on 9th October 2024 the Claimant prays for Judgement against the respondent for:a.An order for specific performance for payment of Kshs. 7,303 ,598 .08/= claimed as at 22/5/2024 together with interest at Sacco rate until payment in fullb.An order that the claimant is at liberty to sell the simple securities known as title deeds known as KJD/Kaputiei North 29619 Kajiado /KIPETO /3912 And certificate of title no. CR 47036 through an auction and recover the amounts due to the claimantc.Cost of this claim with interest until payment in fulld.Any other or further relief that this Honourable Tribunal may deem fit to grant in the circumstances
2.The Claimant’s claim is on the 5thday of November claims the Respondent as the Claimant’s member No.000157 applied for a loan of Kshs.5,300,000/- from the Claimant; that the Claimant approve the loan and disbursed receipt of same was acknowledged by the Respondent; that in guarantee of the payment od the loan the Respondent deposited simple security being the title deed of KJD /Kaputei North 29619 and Kajiado /Kipeto 3912 and Certificate of Title No. CR 47036 and personal shares of Ksh.1,126,453 /- that the loan was to be repaid within thirty six months commencing the month of November 2018, that the Respondent has refused to repay the loan despite several attempts made by the Claimant to have the Respondent pay the loan in as amicable way; that several reminders and demands have been issued to no avail hence this claim
3.The Respondent failed to enter appearance in this claim and there being evidence of service the Tribunal entered interlocutory Judgement against the Respondent on 29/1/2025The matter proceeded to Formal Proof hearing on 13/3/2025 when the Claimant’s witness Judith Chahiva an Audit Manager of the Claimant Ndenga adduced sworn evidence in support of the Claimant’s case. the witness produced as Claimant’s evidence in chief the witness statement dated 24/9/2024 filed on 9/10/2024 and the Claimant’s List of Documents dated 24/9/2025 filed on 9/10/2023 and marked the documents therein as Claimant’s exhibits 1-14 on examination by members, the witness stated that the Respondent upon demand, gave commitments to pay the debt which one did not honour fully that she paid some amounts but interest still accrued that the Respondent provided simple security of title deeds, that transfer forms were executed for the securities.
4.The Claimant was after the close of its case directed to file written submissions within 14 days from the date of the hearing. the Claimant filed written submissions dated 14th April 2025AnalysisWe have considered the pleadings and the documents filed by the Claimant in support of the claim and the submissions and find that indeed the respondent was a member of the Claimant and that she borrowed the loan sum ksh.5,300,000/- on 5th November 2023 which she failed to service as agreed despite reminders and recovery efforts on the part of the Claimant. that through the securities were not charged the title documents in her name were deposited. The land act provides that a holder of a simple security cannot sell the same to recover a debt without leave of court.We note that the Respondent’s deposits are not sufficient to offset the debt due.DeterminationIn view of the foregoing, we are satisfied that the Claimant has formally proved its case against the Respondent by way of documentary evidence and is entitled to the prayers sought in the Statement of Claim consequently, we allow the claim and make the following orders:(a)Judgement is entered in favour of the Claimant against the Respondent in the sum of ksh.7,303,598.68/= together with interest at Tribunal rates from the date of Judgement until payment in full(b)The Claimant is at liberty to sell the security properties held under title deed number KJD /Kaputiei North 26619 ,kajiado /Kipeto/3912 and Certificate of Title No.CR 47036 by way of public auction to recover the amounts due to it from the Respondent.The costs of this suit are granted to the Claimant with interest thereon until payment in full.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 12TH DAY OF JUNE, 2025.HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 12.6.2025HON. BEATRICE SAWE - MEMBER SIGNED 12.6.2025HON. FRIDAH LOTUIYA - MEMBER SIGNED 12.6.2025HON. PHILIP GICHUKI - MEMBER SIGNED 12.6.2025HON. MICHAEL CHESIKAW - MEMBER SIGNED 12.6.2025HON. P. AOL - MEMBER SIGNED 12.6.2025Tribunal Clerk MutaiMs. Karue advocate holding brief for Chimei advocate for the ClaimantSeline Njeri – No appearanceMs. Karue advocate- We pray for a copy of judgmentTribunal orderJudgment to be uploaded within requisite time.Hon. J. Mwatsama Deputy Chairperson Signed 12.6.2025