[2022] KECPT 216 (KLR)
The Tribunal found that the Claimant had established, through documentary evidence, that he was a member of the Respondent Sacco Society and had contributed Kshs. 811,640 as at September 18, 2017. The Respondent's defence was limited to bare denials and was unsupported by evidence. The Tribunal was satisfied that...
Source-derived case information.
- Citation
- [2022] KECPT 216 (KLR)
- Parties
- Applicant: Fredrick Kimani Karanja; Respondent: Banana Hill Matatu Sacco Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 615 of 2018
- Procedural Posture
- Civil Claim / Judgment
- Outcome
- Claim allowed in part for refund of shares and contributions; claim for dividends dismissed.
- Judges
- J. Mwatsama, P. Gichuki, B. Akusala
- Legal Topics
- Cooperative Societies, Member Contributions, Share Refund
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Kimani Karanja
Applicant
Banana Hill Matatu Sacco Society Limited
Respondent
Procedural Posture
Civil Claim / Judgment
Legal Issues
- 1 Whether the Claimant was a member of the Respondent Sacco Society entitled to a refund of his shares and contributions.
- 2 Whether the Claimant is entitled to payment of dividends and interest on the claimed amount.
Ratio Decidendi
The Tribunal found that the Claimant had established, through documentary evidence, that he was a member of the Respondent Sacco Society and had contributed Kshs. 811,640 as at September 18, 2017. The Respondent's defence was limited to bare denials and was unsupported by evidence. The Tribunal was satisfied that the Claimant was entitled to a refund of his shares and contributions. However, the Claimant failed to provide proof of entitlement to dividends, and that prayer was denied. The Tribunal therefore entered judgment in favour of the Claimant for Kshs. 811,640 plus costs and interest.
Court Disposition
Claim allowed in part for refund of shares and contributions; claim for dividends dismissed.
Orders
- The Respondent shall pay the Claimant Kshs. 811,640.
- The Respondent shall pay interest on the sum of Kshs. 811,640.
Full Case Text
Judgment text and source record
21 paragraphs
Karanja v Banana Hill Matatu Sacco Society Limited (Tribunal Case 615 of 2018) [2022] KECPT 216 (KLR) (Civ) (26 May 2022) (Judgment)
Neutral citation: [2022] KECPT 216 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Civil
Tribunal Case 615 of 2018
J. Mwatsama, Vice Chair, P. Gichuki & B. Akusala, Members
May 26, 2022
Between
Fredrick Kimani Karanja
Claimant
and
Banana Hill Matatu Sacco Society Limited
Respondent
Judgment
1. The claim for determination is dated October 27, 2018filed on November 20, 2018the Claimant avers he was member of Respondent and made contributions. He withdraw his membership in November 2014. The Claimant avers since the Respondent has not refunded his contribution and prays for judgment against Respondent for:a.Respondent pays Kshs. 811,640/= together with interest.b.That the shares held by the Claimant in the Respondent’s Cooperative Society be liquidated and paid to the Claimant together with the dividends accrued over the yearsc.Dividends that were issued in 2014 but ploughed back.d.Costs of this claime.Interests on a, b and c above.f.Any other or further relief that this Tribunal may deem fit to grant.The Claimant further filed a Witness Statement and Claimant’s list of documents dated October 27, 2018in which documents attached were:a.Demand letter datedApril 11, 2018b.Copy of the detailed member statement printed on the September 18, 2017c.Copy of letter dated November 17, 2017
2. The Respondent filed a response to the claim dated 16. 1.2019 dated January 25, 2019. The same was full of denials. The Respondent further filed a Witness Statement by Simon Ngigi Matheri the chairman then and list of documents dated July 26, 2019which included:a.Minutes of Annual General Meeting held on April 25, 2015b.Report of interim committee dated July 25, 2015c.Minutes of Special General Meeting held onAugust 28, 2015.
3. Matter came for hearing on February 24, 2022when the matter proceeded exparte in absence of Respondent’s despite service.The Claimant CW1 testified produced his Witness Statement dated 27. 10. 2018 filed on 20. 11. 2018. The same was adopted as his Evidence- in- chief.The Respondent not being present to defend the claim the case was closed.
Issue One 4. Issue for determination is whether Claimant was a member and whether he should be refunded his shares.The Claimant testified he was a member of Respondent and produced Statement of Account marked CEX 2 which is from Respondent and showed the contribution he made.The Respondent on the hand their defence was full of denials.Without any evidence to the contrary we are convinced with the document produced by Claimant that indeed he was a member No. 1928 of Respondent and had shares amounting to Kshs. 811,640/= as at 18. 9.2017.
5. We have considered the Respondent’s Defence and documents and the same are not convincing. The further list of documents dated on 10. 8.2020 filed on 14. 8.2020 that there is an order in CTC NO.494 OF 2017 to stay proceedings in the matters therein.We have confirmed the Claimant is not amongst those in the list.We therefore find in favour of Claimant against Respondent for Kshs. 811,640/- plus cost and interests.No proof was given for dividend was given and the prayer therefore fails.
JUDGMENT SIGNED, DATED AND DELIVERED AT NAIROBI VIRTUALLY THIS 26TH DAY OF MAY, 2022. HON. J. MWATSAMA DEPUTY CHAIRPERSONMR. P. GICHUKI MEMBERMR. B. AKUSALA MEMBERTRIBUNAL CLERK