[2025] KECPT 286 (KLR)
The Tribunal found that the Claimant had provided credible documentary evidence of deposits, while the Respondent's defence was limited to denials and reference to an ongoing inquiry without substantive rebuttal. The Tribunal was persuaded by the Claimant's evidence and, in the absence of contrary proof from the...
Source-derived case information.
- Citation
- [2025] KECPT 286 (KLR)
- Parties
- Applicant: Felix Muthengi Kavita; Respondent: Metropolitan National Sacco limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 773/E1043 of 2023
- Procedural Posture
- Tribunal Case / Judgment
- Outcome
- judgment for the applicant
- Judges
- BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Sacco Deposits, Account Statement Disputes, Member Rights, Monetary Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felix Muthengi Kavita
Applicant
Metropolitan National Sacco limited
Respondent
Procedural Posture
Tribunal Case / Judgment
Legal Issues
- 1 Whether the Claimant is entitled to the sum of Kshs. 282,000 as pleaded against the Respondent.
- 2 Whether the Respondent provided sufficient evidence to rebut the Claimant's claim for deposits.
Ratio Decidendi
The Tribunal found that the Claimant had provided credible documentary evidence of deposits, while the Respondent's defence was limited to denials and reference to an ongoing inquiry without substantive rebuttal. The Tribunal was persuaded by the Claimant's evidence and, in the absence of contrary proof from the Respondent, entered judgment in favour of the Claimant for the sum claimed, together with costs and interest.
Court Disposition
judgment for the applicant
Orders
- Judgment entered in favour of the Claimant against the Respondent for Kshs. 282,000 as pleaded.
- Respondent to pay costs of the suit.
Full Case Text
Judgment text and source record
19 paragraphs
Kavita v Metropolitan National Sacco limited (Tribunal Case 773/E1043 of 2023) [2025] KECPT 286 (KLR) (Admiralty) (5 May 2025) (Judgment)
Neutral citation: [2025] KECPT 286 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Admiralty
Tribunal Case 773/E1043 of 2023
BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
May 5, 2025
Between
Felix Muthengi Kavita
Claimant
and
Metropolitan National Sacco limited
Respondent
Judgment
1. Directions having been given on 27. 4.2025 for the parties to file Statement of Account and/or proof of deductions to enable the Tribunal make a fair determination. We note the Claimant’s filed List of Documents dated 10. 4.2025 which gave the Claimant’s pay slip and as at December, 2021, the Claimant had deposits of Kshs. 448,000. 00/=.We are guided by the same and note the Claimant despite having an opportunity to file their latest payslip as at the time of denovo did not do so.
2. Further we take note of the Respondent’s Defence which is mere denials and written submissions which focuses on the resolution of 21. 4.2022 and an Inquiry Report that is being undertaken by the Respondent for loss of money Respondent further state they can manage monthly installments.
3. Upon perusal of documents before us we are inclined to lie/tilt towards the Claimant’s evidence and as such enter judgment in favour of Claimant against Respondent for Kshs. 282,000/= as pleaded plus costs and interest.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY ATNAIROBITHIS5TH DAY OF MAY, 2025. HON. B. KIMEMIA CHAIRPERSON SIGNED 5. 5.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 5. 5.2025HON. BEATRICE SAWE MEMBER SIGNED 5. 5.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 5. 5.2025HON. PHILIP GICHUKI MEMBER SIGNED 5. 5.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 5. 5.2025HON. P. AOL MEMBER SIGNED 5. 5.2025Tribunal Clerk MutaiMs. Njeri advocate holding brief for Mr. Kanyoro advocate for the Claimant.No appearance for the Respondent.