[2024] KECPT 1535 (KLR)
The Tribunal found that the Claimant had established his membership and entitlement to the refund of his deposits with the Respondent Sacco. The Respondent did not dispute the membership or the deposit amount in substance and failed to file a Statement of Account or written submissions as ordered. The Tribunal held...
Source-derived case information.
- Citation
- [2024] KECPT 1535 (KLR)
- Parties
- Applicant: Japheth Ababu Aluda; Respondent: Metropolitan Nation Sacco Ltd
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 285 (E422) of 2023
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- Judgment for the Claimant.
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Sacco Member Deposits, Refund of Contributions, Contractual Obligations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Japheth Ababu Aluda
Applicant
Metropolitan Nation Sacco Ltd
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the Claimant is entitled to a refund of his deposits from the Respondent Sacco.
- 2 Whether the Respondent's reliance on AGM resolutions to defer refunds is valid against the Claimant's claim.
- 3 Whether the Respondent's failure to file a Statement of Account affects the Claimant's entitlement.
Ratio Decidendi
The Tribunal found that the Claimant had established his membership and entitlement to the refund of his deposits with the Respondent Sacco. The Respondent did not dispute the membership or the deposit amount in substance and failed to file a Statement of Account or written submissions as ordered. The Tribunal held that the Respondent's reliance on AGM resolutions to defer refunds did not override the Claimant's statutory right to a refund upon withdrawal, especially in the absence of evidence that such resolutions were lawfully incorporated into the Sacco's by-laws or communicated to the Claimant. The Tribunal concluded that the Claimant was entitled to a refund of Kshs. 106,000 with...
Court Disposition
Judgment for the Claimant.
Orders
- The Respondent shall refund the Claimant's deposits of Kshs. 106,000.
- The refund shall attract interest at court rates from the date of filing until payment in full.
Full Case Text
Judgment text and source record
21 paragraphs
Aluda v Metropolitan Nation Sacco Ltd (Tribunal Case 285 (E422) of 2023) [2024] KECPT 1535 (KLR) (26 September 2024) (Judgment)
Neutral citation: [2024] KECPT 1535 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 285 (E422) of 2023
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
September 26, 2024
Between
Japheth Ababu Aluda
Claimant
and
Metropolitan Nation Sacco Ltd
Respondent
Judgment
Claimant’s Case 1. The Claimant has moved this Court vide the Statement of Claim dated 25/5/2023, Claimant’s documents dated 25/5/2023 and Claimant’s Written Submissions dated 2/11/2023. In the Statement of Claim, the Claimant states that he was a member of the Respondent, member number 49689 and that he had contributed Kshs. 106,000/=.He states that he served his Notice to withdraw on 24/4/2022 and a reminder on 29/9/2022. He avers that despite acknowledgement of the Withdrawal Notice, the Respondent has failed or refused to effect the refund.
2. The Claimant filed his withdrawal letter and his reminder vide his letter of 25/5/2023. He has also filed a pay slip to prove membership. In his Claimant’s Submissions, the Claimant has averred that he was a member of the Respondent and did monthly contributions with the Respondent. He states that the Claimant’s debt with the Respondent is not disputed.On 19/10/2023, during the mention of the mater, the Claimant stated that he was a member of the Respondent and requested for his refund.
Respondent’s Case. 3. The Respondent’s case is based on the Statement of Defence dated 21/8/2023. The Respondent admits that the Claimant is its member number 49689 and was a FOSA account holder number 0040002XXXX and that he was making monthly contributions.The Respondent denies knowledge of the Claim amount of Kshs. 106,000/= and the notices to withdrawal as stated by the Claimant.The Respondent states that the Claimant is bound by the May 2022 Annual General Meeting resolutions that differed refunds.
4. The Respondent also refers the Claimant to the 2019 Annual General Meeting resolutions on rescheduling of refunds.The Respondents states that consequently, the Claimants refunds has been put in abeyance as per the 2022 Annual General Meeting resolutions.The Respondent did not file Written Respondent’s Submissions despite this Court’s order on 8/5/2024. The Respondent has pleaded for 14 days to file the same.At the time of Writing this judgment, the Respondent had not filed its Written Submissions despite this Court’s orders during mentions on 19/10/2023 and 8/5/2024.
Analysis. 5. We observe that the Respondent has not filed a Statement of Account despite court orders and own plea to the court.The Respondent does not deny owing the Claimant the claim amount but only argues that the refunds were rescheduled or put in abeyance vide a Respondent’s Annual General Meeting of 2019 and 2022 respectively.Despite the Statement not being filed by the Respondent, we find that the Claimant has adequately prosecuted his case within the available evidence. He has filed a pay slip to confirm membership with the Respondent.
Conclusion. 6. In view of the participation of the Claimant in the Court mentions of this matter, and the reluctance of the Respondent to file Statement of Accounts of the Claimant, we are satisfied that the Claimant was indeed a member and a depositor with the Respondent as alluded to by the Respondent in the Statement of Defence.This is also supported by the Claimants pay slips and Claimant’s Statement of Claim and Written Submissions.This court passes judgement in favour of the Claimant against the Respondent for; refund of Claimants deposits of Kshs 106,000/= with interest at court rates and costs.Judgement is entered in favour of Claimant against Respondent of Claimant’s deposits of Kshs. 106,000/= plus costs and interests.
JUDGMENTSIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF SEPTEMBER, 2024. HON. B. KIMEMIA CHAIRPERSON SIGNED 26. 9.2024HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 26. 9.2024HON. BEATRICE SAWE MEMBER SIGNED 26. 9.2024HON. FRIDAH LOTUIYA MEMBER SIGNED 26. 9.2024HON. PHILIP GICHUKI MEMBER SIGNED 26. 9.2024HON. MICHAEL CHESIKAW MEMBER SIGNED 26. 9.2024HON. PAUL AOL MEMBER SIGNED 26. 9.2024Tribunal Clerk JemimahJapheth Ababu – PresentMetropolitan Sacco- No appearanceHON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 26. 9.2024