[2025] KECPT 368 (KLR)
The Tribunal found that the Claimant had established his entitlement to a refund of Kshs. 282,240.55 by producing an uncontested statement of account from the Respondent. The Respondent's defense, based on a temporary suspension of refunds by AGM resolution, was not sufficient to defeat the claim, as the suspension...
Source-derived case information.
- Citation
- [2025] KECPT 368 (KLR)
- Parties
- Applicant: Abdallah Mukwana Ali; Respondent: Metropolitan National Sacco Society Ltd
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 304/ E 438 of 2023
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- judgment for the applicant
- Judges
- Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Refund of Deposits, Membership Withdrawal, Cooperative Societies, Liquidity Challenges
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdallah Mukwana Ali
Applicant
Metropolitan National Sacco Society Ltd
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the Claimant is entitled to a refund of Kshs. 282,240.55 upon withdrawal of membership from the Respondent Sacco.
- 2 Whether the Respondent's AGM resolution suspending refunds for two years is a valid defense against the Claimant's claim.
Ratio Decidendi
The Tribunal found that the Claimant had established his entitlement to a refund of Kshs. 282,240.55 by producing an uncontested statement of account from the Respondent. The Respondent's defense, based on a temporary suspension of refunds by AGM resolution, was not sufficient to defeat the claim, as the suspension period had lapsed and no other legal or factual impediment was demonstrated. The Tribunal held that the Claimant had no outstanding liabilities and the Respondent failed to provide evidence justifying continued withholding of the funds. Accordingly, judgment was entered in favor of the Claimant for the full amount claimed, plus costs and interest.
Court Disposition
judgment for the applicant
Orders
- The Respondent shall pay the Claimant Kshs. 282,240.55 as refund of deposits.
- The Respondent shall pay interest on the above sum at court rates from the date of filing suit until payment in full.
Full Case Text
Judgment text and source record
18 paragraphs
Ali v Metropolitan National Sacco Society Ltd (Tribunal Case 304/ E 438 of 2023) [2025] KECPT 368 (KLR) (10 July 2025) (Judgment)
Neutral citation: [2025] KECPT 368 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 304/ E 438 of 2023
Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
July 10, 2025
Between
Abdallah Mukwana Ali
Claimant
and
Metropolitan National Sacco Society Ltd
Respondent
Judgment
1. The matter for determination is Statement of Claim dated 2/6/2023 filed on 6/6/2023. The Claimant avers to have been a member of the Respondent Society and was member no. 13137. On 10/7/2023, the Claimant wrote to the Respondent withdrawing his membership. However, despite the withdrawal, the Respondent has failed to reimburse the Claimant his dues.Claimant’s prayer is for;a.A judgement against the Respondent for refund of Claimant deposits of Kshs. 282,240. 00/= plus interest at court rates.b.Costs of the suit.c.Interest in a & b above from the date of filing this suit.d.Any other relief that this Honourable Tribunal may deem just and fit to grant.The Claimant filed List of Documents dated 2/6/2023 on 6/6/2023 which document included;i.Withdrawal letterii.A copy of statement.
2. The Respondent filed Statement of Defence dated 21/6/2023 filed on 10/7/2023 where the Respondent denied the averments of the claim more so on the demand letter stating the same is not stamped this not received by the Respondent.The Respondent avers as per the resolution of 2022 Annual General Meeting, there was a suspension of refunds, which suspension was for 2 years from May, 2022. The Respondent further aver they have liquidity challenges which the Claimant knows of and as of the resolution passed in the year 2022, refund would only resume after 2 years.The Respondent admitted the Claimant was their member but prayed for claim to be dismissed. The Respondent filed their List of Documents dated 21/6/2023 on 10/7/2023 which list included;i.Claimant’s member statementii.Sacco By-lawsiii.2019 and 2022 AGM resolutions
3. Matter being one for refunds, the same was to be canvassed by way of Written Submissions as directed by the Tribunal. The Claimant filed Written Submissions dated 6/1/2025 on 7/1/2025 and as the time of writing this judgment the Respondent had not filed Written Submissions.Having considered the pleadings, documents and Written Submissions, the issue for determination is whether the Claimant is entitled to the refund of Kshs 282,240/=.The Respondent admitted to the Claimant being a member and as such the onus was on Claimant to prove his claim.Claimant avers to have saved Kshs. 282,240/= with the Respondent. As proof of the same, the Claimant filed his Statement of Accounts which cane from the Respondent society. The said document confirms the Claimant had savings of Kshs. 282,240/= from the Respondent’s Statement of Accounts printed on 2/6/2023. The said document was not denied by the Respondent nor did they challenge the evidence at hand.The Respondent only stated or alluded to a resolution passed in year 2019 and 2012, which suspended refunds for a period of 2 years which is now past.Is there anything else preventing the Claimant from being compensated?The Respondents have not shown any evidence why the Claimant should not be paid; no liabilities at all lie with the Claimant, only the issue of the resolutions.Without any further argument, we are convinced the Claimant is owed Kshs. 282,240. 55/= by the Respondent and as such we enter judgement in favor of Claimant against Respondent for Kshs. 282,240. 55/= plus cost and interest
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 10TH DAY OF JULY, 2025. HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 10. 7.2025HON. BEATRICE SAWE - MEMBER SIGNED 10. 7.2025HON. FRIDAH LOTUIYA - MEMBER SIGNED 10. 7.2025HON. PHILIP GICHUKI - MEMBER SIGNED 10. 7.2025HON. MICHAEL CHESIKAW - MEMBER SIGNED 10. 7.2025HON. P. AOL - MEMBER SIGNED 10. 7.2025Tribunal Clerk KokiAbdalla Mukwana Ali- presentMetropolitan National Sacco – No appearance