[2021] KECPT 244 (KLR)
The tribunal found that while the claimant was entitled to a refund of his savings amounting to Kshs. 165,055, the sum of Kshs. 15,000 constituting share capital was non-refundable in accordance with the established principles governing co-operative societies. The respondent had admitted the refundable amount and...
Source-derived case information.
- Citation
- [2021] KECPT 244 (KLR)
- Parties
- Claimant: Benson Ouma Oluga; Respondent: YES SACCO Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 178 of 2020
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- judgment for claimant in part
- Legal Topics
- Refund of Savings, Share Capital Non Refundability, Cooperative Society Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Ouma Oluga
Claimant
YES SACCO Society Limited
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to a refund of Kshs. 180,055 being savings/monthly contributions from the respondent.
- 2 Whether the sum of Kshs. 15,000 constituting share capital is refundable to the claimant.
Ratio Decidendi
The tribunal found that while the claimant was entitled to a refund of his savings amounting to Kshs. 165,055, the sum of Kshs. 15,000 constituting share capital was non-refundable in accordance with the established principles governing co-operative societies. The respondent had admitted the refundable amount and there were no outstanding liabilities or guarantees attaching to the claimant. Accordingly, judgment was entered for the claimant for Kshs. 165,055 plus costs and interest from the date of filing suit.
Court Disposition
judgment for claimant in part
Orders
- Judgment entered for the claimant for Kshs. 165,055 plus costs and interest from the date of filing suit.
- 30 days stay of execution granted.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO.178 OF 2020
BENSON OUMA OLUGA.............................................................................CLAIMANT
VERSUS
YES SACCO SOCIETY LIMITED.......................................................RESPONDENT
JUDGMENT
The Claimant’s claim as per so claim dated 4. 3.2020 filed on 14. 7.2020seeking a refund of Kshs. 180,055/= being savings/monthly contributions plus costs and interest in the suit.
The Respondent filed a Defence on 26. 8.2020 which indicated that the Claimant’s savings were Kshs.165,055/= since Kshs. 15000/= was the Share Capital which is not refundable.
The matter was ordered on 11. 6.2021 to be dispensed with by way of written submissions since this is a claim for refund of savings and there were no attaching liabilities in the form of loans or guarantorship as confirmed by the Respondent’s Advocate. The Respondent had not complied to the order of 11. 6.2021 when the matter came up for mention on 5. 7.2021. The Claimant filed their written submissions on 2. 7.2021.
We have carefully considered the documents on record, the pleadings and the Written Submissions. The Respondent admitted Kshs.165,055/- and disputed Kshs.15000/= as non- refundable constituting the Share Capital. We note that the nature of Co-operative Societies, there are some funds, that is, the Share Capital which is non-refundable.
We therefore enter judgment for Kshs.165,055/= plus costs and interest in the suit from the date of filing suit.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 2ND DAY OF SEPTEMBER, 2021.
HON. B. KIMEMIA CHAIRPERSON SIGNED 2. 9.2021
HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 2. 9.2021
MR. GITONGA KAMITI MEMBER SIGNED 2. 9.2021
MR. B. AKUSALA MEMBER SIGNED 2. 9.2021
TRIBUNAL CLERK R. LEWERI
Mbuthia Advocate for Respondent: Present
Mwanzia Advocate for Claimant: Present
HON. B. KIMEMIA CHAIRPERSON SIGNED 2. 9.2021
Mbuthia Advocate for Respondent: We pray for 30 days stay of Execution
Mwanzia Advocate for Claimant: No objection
Order: 30 days stay of Execution granted.
HON. B. KIMEMIA CHAIRPERSON SIGNED 2. 9.2021