[2022] KECPT 161 (KLR)
The tribunal found that the claimant had properly withdrawn his membership and requested a refund of his share contributions. The respondent admitted to owing a substantial portion of the claimed amount but failed to justify withholding the balance or provide evidence of any liabilities owed by the claimant. The...
Source-derived case information.
- Citation
- [2022] KECPT 161 (KLR)
- Parties
- Applicant: Henry Kahiga Mbugua; Respondent: Transcom Sacco Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 98 of 2018
- Procedural Posture
- Civil Claim / Judgment
- Outcome
- judgment for the claimant
- Judges
- M Mwatsama, P. Gichuki, B. Akusala
- Legal Topics
- Shares Refund, Cooperative Societies, Member Withdrawal, Monetary Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Kahiga Mbugua
Applicant
Transcom Sacco Limited
Respondent
Procedural Posture
Civil Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to a refund of his share contribution from the respondent.
- 2 What is the correct amount owed to the claimant by the respondent.
- 3 Whether the claimant is entitled to costs and interest.
Ratio Decidendi
The tribunal found that the claimant had properly withdrawn his membership and requested a refund of his share contributions. The respondent admitted to owing a substantial portion of the claimed amount but failed to justify withholding the balance or provide evidence of any liabilities owed by the claimant. The tribunal was satisfied that the claimant had proved his case on a balance of probabilities and was entitled to the full amount claimed, together with costs and interest from the date of filing. The respondent's financial difficulties did not absolve it from its statutory obligation to refund the claimant's shares.
Court Disposition
judgment for the claimant
Orders
- The respondent shall pay the claimant Kshs. 218,810 as refund of share contributions.
- The respondent shall pay costs of the suit to the claimant.
Full Case Text
Judgment text and source record
24 paragraphs
Mbugua v Transcom Sacco Limited (Tribunal Case 98 of 2018) [2022] KECPT 161 (KLR) (Civ) (17 February 2022) (Judgment)
Neutral citation: [2022] KECPT 161 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Civil
Tribunal Case 98 of 2018
M Mwatsama, Vice Chair, P. Gichuki & B. Akusala, Members
February 17, 2022
Between
Henry Kahiga Mbugua
Claimant
and
Transcom Sacco Limited
Respondent
Judgment
1. The Claim for determination is dated 16/3/18 filed on even date.The Claim seeks for the Respondent to pay;a.The said sum of Kshs. 218,810/- being shares contribution;b.Costs of the suit and interest until payment in full;c.Any other relief so deemed appropriate by this Honourable Tribunal.
2The Claimant claims to have been a member of the Respondent herein as member No. P. No. 1993070361.
3. On or about 20/6/16 he wrote to the Manager of Respondent expressing his wish to withdraw his membership from the Respondent Sacco and requested for his share contribution.
4. At the time of his withdrawal he had a share contribution of Kshs. 218,810/-.
5. The refund of shares was to be done within 60 days and Respondent failed to do so necessitating filings of the claim.2. The Respondents filed a Reply to the Statement of Claim dated 26/4/18 and sated as follows; they denied being indebted to the Claimant a sum of Kshs. 218,810/, but rather the correct figure is Kshs. 201,810/-.The Respondent averred it had received several withdrawal letters from its members and has been overwhelmed to meet the demands due to financial challenges.3. On 3/11/20 the parties were directed to file written submissions to determine the matter. As at 13/8/21 only the Claimant had filed their submissions dated 19/3/21 on 23/3/21.
6. The Respondent had not filed theirs and as such a judgment date was issued.
Issue for DeterminationThe Claim and Response present the only issue for determination to be;I.How much is the Claimant owed by the Respondent;II.Costs of the suit. Issue One 7. How much is the Claimant owed the Respondent?It is not disputed the Claimant was a member of the Respondent and made contributions amounting to Ksh. 218,810/-.The Respondent on the other hand admits only the Claimant Kshs. 201,810/- as per its records and state the delay in payment in because they are overwhelmed and are facing financial challenges.We note that the parties have also tried negotiating the claim but not successfully.We are satisfied that the Claimant issued proper notice to the Respondent and the Respondent to date has not made good their and of bargain by paying the Claimant their monies.Despite the Respondent admitting to Ksh. 201,810/- they do not state why should not pay the balance.No issue has been raised of Claimant’s liabilities if at all.
Issue two- CostsCosts follow the event. 8. On this end we find the Claimant has proved his case against the Respondent and enter judgment in favour of Claimant against Respondent for Kshs. 218,810/- with costs and interest from date of filing suit.
RULING, PREPARED READ AND DELIVERED VIRTUALLY ON 17TH FEBRUARY, 2022 WITH WHOM P. GICHUKI AND B. AKUSALA AGREE.SignedDeputy Chairperson12/1/22.