[2022] KECPT 171 (KLR)
The Tribunal found that the Claimant had established, on a balance of probabilities, that he was a member of the Respondent Sacco and had contributed Kshs. 318,900/=. The Claimant provided documentary evidence of his withdrawal request and proof of share deductions. The Respondent admitted membership but failed to...
Source-derived case information.
- Citation
- [2022] KECPT 171 (KLR)
- Parties
- Applicant: Cyrus Esiera Ambasi; Respondent: Ufundi Sacco Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 159 of 2016
- Procedural Posture
- Civil Claim / Judgment
- Outcome
- Judgment for the Claimant.
- Judges
- J. Mwatsama, P. Gichuki, B. Akusala
- Legal Topics
- Sacco Member Refunds, Share Contributions, Contractual Obligations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cyrus Esiera Ambasi
Applicant
Ufundi Sacco Society Limited
Respondent
Procedural Posture
Civil Claim / Judgment
Legal Issues
- 1 Whether the Claimant is entitled to a refund of Kshs. 318,900/= as claimed.
- 2 Whether the Claimant is entitled to costs.
Ratio Decidendi
The Tribunal found that the Claimant had established, on a balance of probabilities, that he was a member of the Respondent Sacco and had contributed Kshs. 318,900/=. The Claimant provided documentary evidence of his withdrawal request and proof of share deductions. The Respondent admitted membership but failed to provide any evidence to dispute the amount claimed or to justify withholding the refund. The Tribunal held that financial constraints do not absolve the Respondent from its legal obligation to refund share contributions upon withdrawal. Accordingly, judgment was entered in favour of the Claimant for the sum claimed, with costs and interest from the date of filing suit.
Court Disposition
Judgment for the Claimant.
Orders
- The Respondent shall pay the Claimant Kshs. 318,900/=.
- The Respondent shall pay interest on the sum from the date of filing suit.
Full Case Text
Judgment text and source record
23 paragraphs
Ambasi v Ufundi Sacco Society Limited (Tribunal Case 159 of 2016) [2022] KECPT 171 (KLR) (Civ) (3 March 2022) (Judgment)
Neutral citation: [2022] KECPT 171 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Civil
Tribunal Case 159 of 2016
J. Mwatsama, Vice Chair, P. Gichuki & B. Akusala, Members
March 3, 2022
Between
Cyrus Esiera Ambasi
Claimant
and
Ufundi Sacco Society Limited
Respondent
Judgment
1. The matter for determination was filed vide Statement of Claim dated 18. 8.2017 and filed in court on 25. 8.2018. The Claimant avers he was a member of the Respondent society under Membership Number 8869. On 9. 5.2017 the Claimant wrote to the Respondent expressing his wish to withdraw his membership and thus requested for refund of his shares.On 28. 7.2017 the Claimant wrote a reminder letter to the Respondent reminding them to refund his contribution.However, the Respondent have not done so.The claim is for Kshs. 318,900/= being shares contributed.The Claimant prayer is for:a.The said sum of Kshs. 318,900/=b.Interest in (a) abovec.Costs of the suitd.Any other relief to deemed appropriate by this Honourable Tribunal.
2. The Respondent filed their reply to Statement of Claim dated 17. 4.2018 on 17. 4.2018 upon interlocutory judgment being set aside after their Application Notice of Motion dated 27. 11. 2017 filed on 4. 12. 17 was allowed on 3. 4.2018. The Reply to Statement of Claim denied the averments in the claim and Respondent specifically denied being indebted to the Claimant to the tune of Kshs. 318,900/= as per paragraph 6 of Statement of Claim.Further the Respondent claim they are undergoing financial constrains and are not able to meet their members demands.
3. The matter being one of refunds the parties were directed to file written submissions to dispose of the claim and Claimants filed their written submissions dated 27. 7.2021 on 4. 8.2021. On 18. 11. 2021 when the matter came for mention to confirm filing of submissions.The Respondents intinated they shall not be filing any written submissions and thus matter slated for judgment.
4. From the pleadings to documents before the Tribunal and after careful consideration the issues for determination are:Issue oneWhether the Claimant is entitled to the refunds as per the claim.Issue twoCosts.
Issue one Whether the Claimant is entitled to the refunds as per the claim. 5The Claimant avers he was a member f of Respondent with savings amounting to Kshs. 318,900/=. The Respondent admit the Claimant was their member however deny owing the Claimant the said amount.The Respondent do not offer any other evidence or reasons for refuting the Claimants claim.Other than the Respondent undergoing financial constrain thus causing a strain to the institution.We rely on the Claimant’s documents which were filed in the Claimant’s list of documents dated 4. 6.2018 on 12. 6.2018 which he attached.i.Letter dated 9. 5.2017ii.Letter dated 28. 7.2017iii.Payslip dated January 2017.
6The documents indeed confirm he requested for his refunds and payslips confirm the deductions made towards the shares contribution.The Respondents did not file or produce any documents to substantiate their denial of the Claimant’s claim.We find the Claimant has proved his case on a balance of probability and thus find in his favour.
7We therefore enter judgment in favour of the Claimant against Respondent for Kshs. 318,900/= plus costs and interest from time of filing suit.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 3RD DAY OF MARCH, 2022. Prepared by:Hon. J. Mwatsama Deputy Chairperson Signed 3. 3.2022Mr. P. Gichuki Member Signed 3. 3.2022Mr. B. Akusala Member Signed 3. 3.2022Tribunal Clerk R. LeweriMr. Makhanu Advocate for the ClaimantMuriuki Advocate for the RespondentMuriuki: We seek 45 days Stay of Execution.Makhanu : We pray they be given 30 days.Tribunal : 30 days Stay of Execution.Hon. J. Mwatsama Deputy Chairperson Signed 3. 3.2022