[2024] KECPT 1534 (KLR)
The Tribunal found that the claimant had provided clear evidence of his withdrawal and the amount due as per the statement of account. The respondent's defence that refunds were to be delayed for two years based on an AGM resolution was not supported by evidence of communication to the claimant or proof that such a...
Source-derived case information.
- Citation
- [2024] KECPT 1534 (KLR)
- Parties
- Applicant: David Wanjala Lusweti; Respondent: Metropolitan National Sacco Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 268 (E400) of 2023
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- Judgment for the claimant.
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Sacco Member Refunds, Withdrawal of Membership, Contributions Recovery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Wanjala Lusweti
Applicant
Metropolitan National Sacco Society Limited
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to a refund of his contributions upon withdrawal from the respondent Sacco.
- 2 Whether the respondent is justified in withholding the refund based on AGM resolutions.
Ratio Decidendi
The Tribunal found that the claimant had provided clear evidence of his withdrawal and the amount due as per the statement of account. The respondent's defence that refunds were to be delayed for two years based on an AGM resolution was not supported by evidence of communication to the claimant or proof that such a resolution could override statutory entitlements. The Tribunal determined that the claimant was entitled to a refund of Kshs. 124,870.05, being the amount shown in the statement of account, together with costs and interest. The respondent's failure to process the refund was unjustified in the circumstances.
Court Disposition
Judgment for the claimant.
Orders
- The respondent shall pay the claimant Kshs. 124,870.05.
- The respondent shall pay costs of the claim to the claimant.
Full Case Text
Judgment text and source record
21 paragraphs
Lusweti v Metropolitan National Sacco Society Limited (Tribunal Case 268 (E400) of 2023) [2024] KECPT 1534 (KLR) (26 September 2024) (Judgment)
Neutral citation: [2024] KECPT 1534 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 268 (E400) of 2023
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
September 26, 2024
Between
David Wanjala Lusweti
Claimant
and
Metropolitan National Sacco Society Limited
Respondent
Judgment
1. Matter for determination is Statement of Claim dated 13. 3.2023 filed on 16. 5.2023. Claimant avers he was member of Respondent being member number 101318 he formally withdraws from the society and requested for his refund of Kshs. 154,870. 05/=.The Respondent has not responded and his prayers are:a.The Claimant be paid his total contribution as particularized in paragraph 3 herein above amounting Kshs. 154,870. 05/=b.The Honourable Court do issue such orders and give such directions as it may deem fit to meet the ends of justice.c.The Respondent to pay the costs of this claim.
2. The Claimant filed Witness Statement and List of Documents dated 13. 3.2023 which included:a.Payslipb.Withdrawal letterc.Demand letterd.Any other necessary document.
3. Respondent filed Statement of Defence dated 2. 6.2023 the Respondent on 8. 5.2024 requested for time to file their documents and were granted time.When matter came for confirmation of compliance Respondent had not filed their documents.The Respondent in their Defence admitted Claimant was their member and made monthly deposit installments. The denied receiving the Claimant’s withdrawal letter and further as per the 2022 Annual General Meeting resolution members agreed for refunds to be done after 2 years.As such any refunds were put in abeyance.
4. Parties were directed to file written submissions and as at the date of this judgment none of the parties had filed their written submissions.Issue oneThe issue for determination is one as to whether the Claimant is entitled to his refund of Kshs. 154,870. 05/=.The Claimant filed his Statement of Account printed on 10. 2.2023 which showed he had savings of Kshs. 124,870. 05/- as at 30. 9.2022.
5. As such the evidence from Claimant is clear what is due to him as per the Statement of Account is Kshs. 124,870. 05/=. We note Claimant withdraw from Respondent vide letter dated 8. 7.2021 and we note from the Statement of Account some payments had been made to Claimant on 28. 2.2017, 30. 6.2022 and 26. 5.2016.
UpshotJudgment is entered in favour of claimant against Respondent for Kshs. 124,870. 05/= plus cost and interest.
JUDGMENTSIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF SEPTEMBER, 2024. HON. B. KIMEMIA CHAIRPERSON SIGNED 26. 9.2024HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 26. 9.2024HON. BEATRICE SAWE MEMBER SIGNED 26. 9.2024HON. FRIDAH LOTUIYA MEMBER SIGNED 26. 9.2024HON. PHILIP GICHUKI MEMBER SIGNED 26. 9.2024HON. MICHAEL CHESIKAW MEMBER SIGNED 26. 9.2024HON. PAUL AOL MEMBER SIGNED 26. 9.2024TRIBUNAL CLERK JEMIMAHNo appearance by partiesJudgment delivered in absence of parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 26. 9.2024