[2021] KECPT 276 (KLR)
The Tribunal found that the Claimant had provided sufficient documentary evidence of her share contributions totaling Ksh38,520/=. The Respondent admitted in their pleadings to owing Ksh39,520/=, and no contrary evidence was filed. The Tribunal held that the benevolent fund is not refundable as per the society's...
Source-derived case information.
- Citation
- [2021] KECPT 276 (KLR)
- Parties
- Claimant: Annah Mbula Muoki; Respondent: Huduma Co-op Saving and Credit Ltd Society
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 678 of 2019
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- judgment for claimant in part
- Legal Topics
- Cooperative Society Disputes, Share Refunds, Special Damages, Admissions and Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Annah Mbula Muoki
Claimant
Huduma Co-op Saving and Credit Ltd Society
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the Respondent is liable to refund the Claimant her share contributions upon resignation from the society.
- 2 Whether the Claimant has proved her entitlement to the claimed amount of Kshs 82,368/=.
- 3 Whether the benevolent fund is refundable to the Claimant.
Ratio Decidendi
The Tribunal found that the Claimant had provided sufficient documentary evidence of her share contributions totaling Ksh38,520/=. The Respondent admitted in their pleadings to owing Ksh39,520/=, and no contrary evidence was filed. The Tribunal held that the benevolent fund is not refundable as per the society's rules. The Tribunal therefore entered judgment for the Claimant for Ksh39,520/= as share refunds, with interest at court rates from the date of filing suit. The claim for the benevolent fund and special damages beyond the admitted sum was not proved and was disallowed. The Tribunal emphasized that admissions in pleadings are binding and, in the absence of contrary evidence or...
Court Disposition
judgment for claimant in part
Orders
- The Respondent shall pay the Claimant Ksh39,520/= as share refunds.
- The claim for refund of the benevolent fund is dismissed as it is not refundable.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO. 678 OF 2019
ANNAH MBULA MUOKI ................CLAIMANT
VERSUS
HUDUMA CO-OP SAVING AND CREDIT
LTD SOCIETY................................RESPONDENT
JUDGMENT
1. The Claimant filed a plaint dated 28/10/19. She avers she was employed as a cleaner with Gurunanak Ramagharia Temple and on 8. 10. 2014 she joined the Huduma Co-op Savings and Credit Society Ltd and paid membership fee of Ksh1,000/= and monthly contribution of Kshs2,200/=. Kshs2000/= was for shares and Ksh200/= was for benevolent fund.
That in April 2016 she had savings of Kshs.38,520/= and Kshs 4000/= for benevolent fund. The Claimant resigned from the Respondent`s Society and served them with a resignation letter. She was requested to wait for three months for the payment. The Respondent has ignored and or refused to refund the Claimant her dues.
On 4/4/16 the Claimant received her statements for the year 2016, the balance was Ksh39,520/= but the current statement shows her total balance is Ksh52,800/=.
She requested for the savings to be paid to her. She prays for judgment against the Respondent for;
a) Special damages of Kshs82,368/=
b) Cost of the suit
c) Interest on a at court rates from the date of the breach till payment in full and b above from the date of judgment.
2. The Respondent entered appearance and filed a statement of admission dated 31/12/19 on 2/2/20. Paragraph 4 of the statement of admission the Respondent admits to owing the Claimant Ksh39,250/=.
They further in paragraph 5 of the statement of admission give a proposal to pay the Claimant in installment of Ksh5,000/= per month.
In contradiction of the earlier paragraphs in paragraph 8, they state that the claim if res judicata and ought to be dismissed.
Paragraph 9 seeks for a refund the said sum of Ksh39,250/=.
3. The court ordered that the matter be determined by way of written submissions. On 11/2/21 Claimant filed their submissions dated 1/3/21 on 4/3/21.
The Respondent had on earlier date 20/1/21 been ordered to file and serve Statement of Account but the same have not been filed since.
On 12/5/21 the Respondent were present for a mention and stated they would visit the Claimant`s Advocate in their offices to reconcile the accounts.
On 7/6/21 when the matter was mentioned, the Respondent had not filed the Statement of Account neither had the parties reconcile the accounts. A judgement date was given.
As at the time of writing this judgement, there is no document filed by the Respondent other than their Statement of Admission
Determination
As per the documents attached by the Claimant at the time of filing suit, the receipts are proof of payment and thus add up to Ksh38,520/=
The payment statement for the year 2016 dated 4/4/18 and hand written note for the amount due as at August 2019 is not attached.
We therefore shall not consider the same document noting it is not in the court records. He who pleads must prove. The Respondent having admitted to the sum of Ksh39,520. 00/= judgment having been entered for the amount on 12/10/20. The court amends the entire judgment in favor of the Claimant against the Respondent for;
1. Ksh39,520/= as share refunds
2. Ksh5,000/= benevolent fun is not refundable
3. Interest at court rates from the time of filling suit.
Judgment signed, dated and delivered virtually at Nairobi this 29thday of July, 2021.
Hon. B. Kimemia Chairperson Signed 29. 7.2021
Hon. J. Mwatsama Deputy Chairperson Signed 29. 7.2021
Mr. Gitonga Kamiti Member Signed 29. 7.2021
Tribunal Clerk Maina Charles
Rakoro Advocate for Claimant: Present
No appearance for Respondent
Hon. B. Kimemia Chairperson Signed 29. 7.2021