[2023] KECPT 48 (KLR)
The Tribunal found that the Claimant had established, through documentary evidence, that he was entitled to a refund of Kshs. 109,661.72 upon withdrawal from the Respondent Sacco. The Respondent admitted the debt and only relied on a refund schedule, which had already lapsed by the time of judgment. There being no...
Source-derived case information.
- Citation
- [2023] KECPT 48 (KLR)
- Parties
- Claimant: Protus Nyongesa Makhanu; Respondent: Metropolitan National Sacco Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 614 of 2021
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- Claim allowed in full for the Claimant.
- Judges
- M Mwatsama, Gitonga Kamiti, M. Mbeneka
- Legal Topics
- Sacco Member Refunds, Share Contributions, Member Withdrawal, Contractual Obligations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Protus Nyongesa Makhanu
Claimant
Metropolitan National Sacco Society Limited
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the Claimant is entitled to a refund of his shares upon withdrawal from the Sacco.
Ratio Decidendi
The Tribunal found that the Claimant had established, through documentary evidence, that he was entitled to a refund of Kshs. 109,661.72 upon withdrawal from the Respondent Sacco. The Respondent admitted the debt and only relied on a refund schedule, which had already lapsed by the time of judgment. There being no dispute as to the amount or entitlement, the Tribunal held in favour of the Claimant for the full amount claimed, plus costs and interest.
Court Disposition
Claim allowed in full for the Claimant.
Orders
- The Respondent shall pay the Claimant Kshs. 109,661.72.
- The Respondent shall pay the costs of the claim.
Full Case Text
Judgment text and source record
21 paragraphs
Makhanu v Metropolitan National Sacco Society Limited (Tribunal Case 614 of 2021) [2023] KECPT 48 (KLR) (26 January 2023) (Judgment)
Neutral citation: [2023] KECPT 48 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 614 of 2021
M Mwatsama, Vice Chair, Gitonga Kamiti & M. Mbeneka, Members
January 26, 2023
Between
Protus Nyongesa Makhanu
Claimant
and
Metropolitan National Sacco Society Limited
Respondent
Judgment
1. Statement of Claim dated 9/11/21 filed on 4/1/22 is for determination.The Claimant avers to be a member of the Respondent and he had shares worth Ksh. 109,661. 72. He withdrew from Respondent in the year, 2020 and Respondent has failed to reimburse them.The Claimant’s prayers are for;a.The Claimant be paid his total contribution as particularized in paragraph 3 herein above amounting to Ksh. 109,661. 00 may deem fit to meet the ends of justice;b.The Respondent to pay the costs of this claim;c.Interest on the above at court rates.
2. The Respondent filed a Statement of Defence dated 18/1/22 filed on 11/2/22. The Respondent admits the Claimant is its member and was making monthly member deposit instalments. The Respondent further states in its Annual General Meeting resolution members resolved to have a schedule of refunds on first come first serve basis and Claimant’s refund is for 18th October, 2022.
3. Parties were directed to file written submissions to dispense off the claim. Claimant filed written submission dated 13/6/22 filed on 10/11/22 and Respondent filed written submission dated 9/11/22 filed on 10/11/22.
4. Having considered all the pleadings at hand the issue for determination is
Issue One Whether the Claimant is entitled to a refund of his shares. 5. The Claimant produced his Member statement dated 8/11/21 which showed he had deposits of Kshs. 109,661. 72. The Respondent only Defence is that the Claimant is scheduled to get his refund in October, 2022 which is now past.The Respondent do not deny owing the Claimant the amount of Kshs.109,661. 72.
Upshot 6. We find in favour of Claimant against Respondent for Kshs. 109,661. 72 plus cost and interest.
JUDGMENT, READ AND DELIVERED VIRTUALLY ON 26TH JANUARY, 2023. HON. MJENI MWATSAMA D/CHAIRPERSON SIGNED 26. 1.2023GITONGA KAMITI MEMBER SIGNED 26. 1.2023MARIA MBENEKA MEMBER SIGNED 26. 1.2023