[2021] KECPT 488 (KLR)
The tribunal found that the claimant had provided sufficient documentary evidence of his status as administrator and of the deceased's membership and shareholding in the respondent SACCO. The respondent failed to present any substantive defence or challenge to the claim, nor did they appear at the hearing. The...
Source-derived case information.
- Citation
- [2021] KECPT 488 (KLR)
- Parties
- Applicant: Moses Njuguna Njenga; Respondent: Banana Hill Matatu Savings and Credit Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 249 of 2019
- Procedural Posture
- Claim / Judgment
- Outcome
- judgment for the claimant
- Legal Topics
- Succession of Shares, Sacco Member Rights, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Njuguna Njenga
Applicant
Banana Hill Matatu Savings and Credit Society Limited
Respondent
Procedural Posture
Claim / Judgment
Legal Issues
- 1 Whether the claimant, as administrator of the estate of Alice Wanjiku Njenga, is entitled to the deceased's share contributions held by the respondent SACCO.
- 2 Whether the respondent has provided any valid defence to the claimant's demand for payment of the deceased's shares.
Ratio Decidendi
The tribunal found that the claimant had provided sufficient documentary evidence of his status as administrator and of the deceased's membership and shareholding in the respondent SACCO. The respondent failed to present any substantive defence or challenge to the claim, nor did they appear at the hearing. The tribunal concluded that the claimant had proved his case on a balance of probabilities and was entitled to the release of the deceased's share contributions. The tribunal declined to award general damages but granted costs and interest at tribunal rates.
Court Disposition
judgment for the claimant
Orders
- Share contributions amounting to Kshs.156,000 to be released to the claimant.
- Costs and interest at tribunal rates awarded to the claimant.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO.249 OF 2019
MOSES NJUGUNA NJENGA.............................................................CLAIMANT
VERSUS
BANANA HILL MATATU SAVINGS
AND CREDIT SOCIETY LIMITED.............................................RESPONDENT
JUDGMENT
1. The Claimant filed suit vide Statement of Claim(Plaint) dated 30th April, 2019 on 13th May 2019.
The Claimant avers he is the Administrator of the estate of one Alice Wanjiku Njenga (deceased) who was member of the Respondent and would like her shares to be paid to him.
Alice Wanjiku Njenga was a member of Banana Hill Matatu Savings and Credit Society Limited member number 506 and had until the time of her demise saved Kshs.156,000/= with the Respondent.
2. The claimant presented a death certificate and letters of Administration as proof of death and him being the Bonafide Administrator and beneficiary of the Estate of Alice Wanjiku Njenga. He thus wants the shares paid to his account.
3. The Respondents on the other hand filed a Statement of Defence dated 12. 7.2019 and filed on 19. 7.2019. The said Response to the claim contains mere denials to the claim.
The Respondents further filed a witness statement sworn by Simon Ngigi Matheri on 26. 7.2019 and filed on 31. 7.2019. Nothing is averred appertaining the Claimant’s Case in the said statement and only alludes to an ongoing case at the Tribunal Case No. 494 of 2017.
4. On 27. 1.2021 the Claimant proceeded with his case and adopted the witness statement and relied on his list of documents dated 30. 4.2019.
With the above and without much ado we find the Claimant has proved his case as against Respondent.
The case is clear the Claimant’s mother was a member of the Respondent Sacco. She held savings with them and now that she is no more the next of kin would like to withdrew her shares.
5. The Respondents were not present at the hearing despite knowledge of the same.
UPSHOT
Judgment is hereby entered in favour of the Claimant as against the Respondent as follows:
a. Share contributions amounting to Kshs.156,000/= be released to the Claimant.
b. Costs and interest at Tribunal rates.
c. Award of General Damages is not merited.
Judgment signed, dated and delivered virtually this 6thday of May, 2021.
Hon. B. Kimemia Chairperson Signed 6. 5.2021
Hon. J. Mwatsama Deputy Chairperson Signed 6. 5.2021
Mr. P. Gichuki Member Signed 6. 5.2021
Tribunal Clerk Leweri
Mrs. Gitau for the Claimant: Present
No appearance for Respondent.
Hon. B. Kimemia Chairperson Signed 6. 5.2021