[2025] KECPT 266 (KLR)

[2025] KECPT 266 (KLR)

The Tribunal found that the claimant had sufficiently proved his entitlement to a refund of Ksh.92,662 in savings based on the member statement provided. The respondent's general denial was not supported by evidence. The claim for dividends failed as the claimant did not prove that any dividends were declared during...

Source-derived case information.

Citation
[2025] KECPT 266 (KLR)
Parties
Applicant: Danstone Mwanza Makokha; Respondent: Kencom Sacco Limited
Court
Cooperative Tribunal
Jurisdiction
Kenya
Judgment Date
29 April 2025
Case Number
Tribunal Case 571/E751 of 2023
Procedural Posture
Tribunal Claim / Judgment
Outcome
claim partly allowed
Judges
BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw
Legal Topics
Sacco Member Refund, Share Capital Non Refundability, Dividends Claim, Interest on Savings
Source Language
english
Commercial and Corporate Sacco Member Refund Share Capital Non Refundability Dividends Claim Interest on Savings

Source-derived case record

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Parties

Danstone Mwanza Makokha

Applicant

Kencom Sacco Limited

Respondent

Procedural Posture

Tribunal Claim / Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to a refund of his savings contributions from the respondent.
  2. 2 Whether the claimant is entitled to accrued dividends and interest on the savings.
  3. 3 Whether the share capital is refundable to the claimant.

Ratio Decidendi

The Tribunal found that the claimant had sufficiently proved his entitlement to a refund of Ksh.92,662 in savings based on the member statement provided. The respondent's general denial was not supported by evidence. The claim for dividends failed as the claimant did not prove that any dividends were declared during his membership. The claim for refund of share capital was dismissed in line with cooperative policy, which prohibits refund of share capital. The Tribunal awarded the claimant a refund of Ksh.92,662 plus interest at Tribunal rates from the date of filing, and costs of the suit. Other prayers were dismissed.

Court Disposition

claim partly allowed

Orders

  • Respondent to refund the claimant Ksh.92,662 plus interest at Tribunal rates from the date of filing the claim.
  • Claims for dividends, share capital refund, and damages are dismissed.