[2022] KECPT 138 (KLR)
The Tribunal found that the claimant had provided sufficient evidence of his share contributions and notice of withdrawal. The respondent failed to file any response or defence, and there was no dispute as to the amount claimed. The Tribunal accepted the claimant's statement of account showing a balance of Ksh....
Source-derived case information.
- Citation
- [2022] KECPT 138 (KLR)
- Parties
- Applicant: Hudson Mudi Ambani; Respondent: Mudete Factory Tea Growers Sacco
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 796 of 2017
- Procedural Posture
- Civil Claim / Judgment
- Outcome
- judgment for the claimant
- Judges
- J. Mwatsama
- Legal Topics
- Cooperative Societies, Share Refunds, Member Withdrawal, Dividends, Uncontested Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hudson Mudi Ambani
Applicant
Mudete Factory Tea Growers Sacco
Respondent
Procedural Posture
Civil Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to a refund of his share contributions upon voluntary withdrawal from the respondent Sacco.
- 2 Whether the claimant is entitled to interest and dividends accrued on the shares from the date of withdrawal notice.
- 3 Whether the respondent failed to respond or defend the claim, and the effect of such failure.
Ratio Decidendi
The Tribunal found that the claimant had provided sufficient evidence of his share contributions and notice of withdrawal. The respondent failed to file any response or defence, and there was no dispute as to the amount claimed. The Tribunal accepted the claimant's statement of account showing a balance of Ksh. 28,577.95 as at December 3, 2014. In the absence of any contrary evidence or defence, the Tribunal entered judgment in favour of the claimant for the refund of his shares, with costs and interest from the date of filing suit. The Tribunal also declared that the claimant made due contributions during his membership period.
Court Disposition
judgment for the claimant
Orders
- Declaration that the claimant made due contributions/shares with the respondent during his membership period.
- Respondent to refund the claimant Ksh. 28,577.95 with costs and interest from the date of filing suit.
Full Case Text
Judgment text and source record
19 paragraphs
Ambani v Mudete Factory Tea Growers Sacco (Tribunal Case 796 of 2017) [2022] KECPT 138 (KLR) (Civ) (17 February 2022) (Judgment)
Neutral citation: [2022] KECPT 138 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Civil
Tribunal Case 796 of 2017
J. Mwatsama, Chair
February 17, 2022
Between
Hudson Mudi Ambani
Claimant
and
Mudete Factory Tea Growers Sacco
Respondent
Judgment
1. The Claim before the Tribunal was brought by claimant who avers he was a member of the respondent. He had Ksh. 28,677. 00 which is a refund of his total shares contribution as at 3rd November, 2014. On October, 2014 the claimant gave the respondent 60 days’ notice of voluntary withdrawal. The respondent have to date not paid the claimant his dues despite notices and demands made.The claimant prays for judgment against the respondent for;-a)A declaration that the claimant made due contribution/shares with the respondent during his membership period and consequently an order compelling the respondent to furnish the court with a full late statement to the claimants deductions and subsequently the shares due to him;b)An order for refund of the shares with interest and dividends accrued thereof on the shares as from the date of his issuance of notices of withdrawal and any deductions made thereafter with interest upon confirmation and ascertainment of (a) above;c)Costs of the claim.
2. The respondent did not file a response and the claimant requested for interlocutory judgment on 19/8/18 and Interlocutory Judgment entered 25/9/19. The matter was to come for formal proof hearing on 4/12/2019. However the claimant was not present and a mention notice was issued for 13/2/20. On 13/2/20 the claimant were also not present.On 15/2/21 the matter was listed for dismissal but claimant requested for an opportunity to present the claim. They prayed for 30 days to file Statement of Accounts and account of dividends which was granted.On 13/10/21 the matter came for mention and claimant directed to file written submissions. The claimant filed their written submissions date 30/10/21 on 23/11/21.
3. No Statement of Account is in the court records as filed by claimant nor account of dividends. The claimant avers he had shares of Kshs. 28,677. 00 as at November 3, 2014. Notice has been given as per his filed list of documents, demand letter dated December 1, 2017. There is a Statement of account of shares that read date 30/9/13 to 3/12/14 which shows balance was Ksh. 28,577. 95. We therefore have no reason to dispute the same as it was not defended.We enter judgment in favor of claimant;-a)Prayer 1 – declaration claimant made contribution for against respondent;b)Kshs. 28,577. 95 - with costs and interest from date of filing suit.
RULING, READ AND DELIVERED ON VIRTUALLY THIS 17TH DAY OF FEBRUARY, 2022HON. MJENI MWATSAMA DEPUTY CHAIRPERSON SIGNED 17. 2.2022P. GICHUKI MEMBER SIGNED 17. 2.2022B. AKUSALA MEMBER SIGNED 17. 2.2022SignedHon. Mjeni MwatsamaDeputy ChairpersonIn the presence of -No Appearance by both parties.SignedHon. Mjeni MwatsamaDeputy Chairperson17/2/22