Faulu Microfinance Bank Limited v Simiyu (Commercial Case E142 of 2024) [2024] SCC 27 (KLR) (30 September 2024) (Judgment) Neutral citation: [2024] SCC 27 (KLR) REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT AT KITALE COMMERCIAL CASE E142 OF 2024 TO OMONO, ADJ SEPTEMBER 30, 2024 BETWEEN FAULU MICROFINANCE BANK LIMITED ........................................ CLAIMANT AND SILAS MISIKO SIMIYU ...................................................................... RESPONDENT JUDGMENT 1. Before this court is a Statement of Claim dated 05th September 2024 filed by the Claimant seeking for the following prayers against the Respondent:a. Judgment in the sum of Kshs. 445,499.77/= with interest until full payment b. Costs of the claim 2. The Claimant averred that on or about July 2021 it advanced a loan facility of Kshs. 500,000/= to the Respondent to be repaid within 60 months through monthly installments of Kshs. 14,065.38/= each at an interest rate of 20% per annum. 3. The Claimant further avered that the Respondent defaulted in repaying the loan advanced to him. The Claimant added that despite demand and notice of intention to sue having been served upon the Respondent, the loan advanced to the Respondent remains non-performing hence this claim. 4. The Respondent neither entered appearance nor filed a Response to the Claim herein despite having been duly served. In the circumstances, this Claim proceeded as an undefended claim. Issues for Determination 5. The Claimant’s pleadings, documents, and oral evidence placed before this court have been duly considered by this court. The only issue for determination is whether the Claimant proved their claim to the required standards. https://new.kenyalaw.org/akn/ke/judgment/scc/2024/27/eng@2024-09-30 1
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6. The averments in the Claimant’s Statement of Claim herein to the efiect that the Respondent advanced a loan facility of Kshs. 500,000/= to the Respondent sometime in July 2021 were supported by the Personal Loan Application Form dated 16th July 2021, and the Personal Loan Verification Form dated 16th July 2021. 7. The Claimant’s Legal Oficer one Frederick Nyabuti (CW1) led oral evidence to support the Claim herein. 8. Whereas CW1 made reference to a Loan Statement Account during his testimony before this court, this court notes that the said Loan Statement Account was not part of the documents filed to support the claim herein. 9. This court is of the considered view that in the absence of the Loan Statement Account, this court is unable to make a definitive finding that the Respondent defaulted in servicing the loan facility advanced to him by the Claimant. Disposition 10. For the reasons above, this Claim is struck out without an order of costs. 11. Judgment accordingly. READ, SIGNED, AND DELIVERED IN OPEN COURT AT KITALE THIS 30TH DAY OF SEPTEMBER 2024 …………………. T.O. OMONO ADJUDICATOR In the presence of: https://new.kenyalaw.org/akn/ke/judgment/scc/2024/27/eng@2024-09-30 2
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