[2024] KECPT 1691 (KLR)
The tribunal found that the claimant had provided sufficient documentary evidence of his membership and the amount of savings held with the respondent Sacco. The respondent, while filing a defence, did not specifically dispute the claimed amount and failed to file written submissions as directed. The tribunal held...
Source-derived case information.
- Citation
- [2024] KECPT 1691 (KLR)
- Parties
- Claimant: Peter Thairu Gathuna; Respondent: Tambulika Sacco Society Limited (Previously known as VEP Sacco Limited)
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 194 of 2021
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- judgment for the claimant
- Judges
- BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Sacco Member Refund, Deposit Recovery, Withdrawal of Membership
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Thairu Gathuna
Claimant
Tambulika Sacco Society Limited (Previously known as VEP Sacco Limited)
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to a refund of his savings upon resignation from the respondent Sacco.
- 2 Whether the respondent has denied or disputed the claimed amount of Kshs. 118,193/=.
- 3 Whether the claimant is entitled to costs and interest on the refunded amount.
Ratio Decidendi
The tribunal found that the claimant had provided sufficient documentary evidence of his membership and the amount of savings held with the respondent Sacco. The respondent, while filing a defence, did not specifically dispute the claimed amount and failed to file written submissions as directed. The tribunal held that the claimant's entitlement to a refund was established, and the respondent's failure to contest the amount or provide contrary evidence justified judgment in favor of the claimant. The tribunal further found that the claimant was entitled to costs and interest at court rates on the refunded sum.
Court Disposition
judgment for the claimant
Orders
- The respondent shall refund the claimant Kshs. 118,193/=.
- The respondent shall pay the costs of the suit to the claimant.
Full Case Text
Judgment text and source record
23 paragraphs
Gathuna v Tambulika Sacco Society Limited (Previously known as VEP Sacco Limited) (Tribunal Case 194 of 2021) [2024] KECPT 1691 (KLR) (3 October 2024) (Judgment)
Neutral citation: [2024] KECPT 1691 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 194 of 2021
BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
October 3, 2024
Between
Peter Thairu Gathuna
Claimant
and
Tambulika Sacco Society Limited (Previously known as VEP Sacco Limited)
Respondent
Judgment
1. The Claimant’s case is based on the following: Statement of claim of 6/4/2021
Witness statement of 6/4/2021
Submissions of 25/9/2023.
The Claimant in his Statement of Claim was a member of the Respondent until 2019 when he wrote to the Respondent on his intention to cease being a member of the Respondent. By that time, he states that he had savings totaling to Kshs. 118,193/=.He avers that he has made several demands but the Respondent has failed to refund him his money.
2. In his Statement, the Claimant states he started saving with the Respondent who was previously VEP Sacco Limited. He avers that he is requesting for his savings of Kshs. 118,193/=. He attached documents with the savings records and Demand Letter to prove his case.Being a refund issue, the matter was directed to be dispensed off through Written Submissions after various mentions.In his Written Submissions, the Claimant reaffirms his Claim of Kshs. 118,193/=.The Claimant avers that he has filed sufficient documents to prove his case.He brings to the attention of the court that the claim of Kshs. 118,193/= is not disputed and submits that he is entitled to the refund.He also prays for costs of this case with interest from the year 2015 when the Claimant issued his resignation letter.
Respondent’s Case. 3. The Respondent’s case is based on the Statement of Defence dated 29/6/2021. In this Defence, the Respondent admits that the Claimant wrote on 7/6/2019 an intention to quit the Sacco. The Respondent denies the Claim figure of Kshs. 118,193/=.The Respondent avers that the Claimant only indicated leaving the Co-operative and not asking for refunds.The Respondent did not file Submissions as directed by this Court on 7/9/2023. By the time of writing this judgement, the Respondent has not filed its Respondent’s Written Submissions.
Analysis. 4. The Claimant has supported his case through relevant documents. He has filed his saving records, Notice of Withdrawal and his advocate’s demand notes to the Respondent among others.It is therefore not in dispute that the Claimant is a member of the Respondent. As regards his savings with the Respondent, it has been proven through the Account Statement of the Claimant that he had savings with the Respondent.The Respondent only filed a Defence Statement. They did not file a Written Submission as directed by the Court.The Respondents have not denied the Claim amount of Kshs. 118,193/=.
Conclusion. 5. The Claimant has provided overwhelming evidence in support of his Claim. On the other hand, the Respondent has not denied that the Claimant was its member and a depositor.This Court therefore passes judgement in favor of the Claimant against the Respondent for:a.Refund of Kshs. 118,193/=.b.Costs of the suit.c.Interest on (a) at Court rates.
JUDGMENTSIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 3RD DAY OF OCTOBER, 2024. HON. B. KIMEMIA CHAIRPERSON SIGNED 3. 10. 2024HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 3. 10. 2024HON. BEATRICE SAWE MEMBER SIGNED 3. 10. 2024HON. FRIDAH LOTUIYA MEMBER SIGNED 3. 10. 2024HON. PHILIP GICHUKI MEMBER SIGNED 3. 10. 2024HON. MICHAEL CHESIKAW MEMBER SIGNED 3. 10. 2024HON. PAUL AOL MEMBER SIGNED 3. 10. 2024Tribunal Clerk MutaiNo appearance by parties.Judgment delivered in their absence.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 3. 10. 2024