[2023] KECPT 453 (KLR)
The Tribunal found that the claimant had provided sufficient documentary evidence, including payment receipts, passbook entries, and correspondence from the Sacco, to prove her membership and entitlement to the claimed sum of Kshs 106,371. The respondents failed to substantiate their defence or file submissions as...
Source-derived case information.
- Citation
- [2023] KECPT 453 (KLR)
- Parties
- Claimant: Mutio Mutiso Muli; Respondent: Mwala Solidarity Fund for Development Sacco Limited; Respondent: 2nd Respondent; Respondent: 3rd Respondent; Respondent: 4th Respondent; Respondent: 5th Respondent
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 744 of 2019
- Procedural Posture
- Civil Claim / Judgment
- Outcome
- claim allowed in full
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Cooperative Societies, Refund of Shares, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mutio Mutiso Muli
Claimant
Mwala Solidarity Fund for Development Sacco Limited
Respondent
2nd Respondent
Respondent
3rd Respondent
Respondent
4th Respondent
Respondent
5th Respondent
Respondent
Procedural Posture
Civil Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to a refund of Kshs 106,371 from the 1st Respondent.
- 2 Whether the claimant was a member and contributor to the Sacco.
Ratio Decidendi
The Tribunal found that the claimant had provided sufficient documentary evidence, including payment receipts, passbook entries, and correspondence from the Sacco, to prove her membership and entitlement to the claimed sum of Kshs 106,371. The respondents failed to substantiate their defence or file submissions as directed. The Tribunal concluded that the claimant was entitled to a refund of her savings, together with costs and interest at court rates, as the respondents did not discharge their evidentiary burden to rebut the claim.
Court Disposition
claim allowed in full
Orders
- Judgment entered for the claimant for Kshs 106,371.
- Respondents to pay costs of the suit to the claimant.
Full Case Text
Judgment text and source record
24 paragraphs
Muli v Mwala Solidarity Fund for Development Sacco Limited & 4 others (Tribunal Case 744 of 2019) [2023] KECPT 453 (KLR) (Civ) (27 April 2023) (Judgment)
Neutral citation: [2023] KECPT 453 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Civil
Tribunal Case 744 of 2019
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
April 27, 2023
Between
Mutio Mutiso Muli
Claimant
and
Mwala Solidarity Fund for Development Sacco Limited & 4 others
Respondent
Judgment
Claimant’s Case 1. This claim was instituted by way of a Statement of Claim dated August 14, 2019 and filed on December 10, 2019. The Claimant was a member of the 1st Respondent holder of Acc No P/00788/12. The Claimant avers that due to mismanagement of the 1st Respondent, he lost Kshs 106,371/= which was her savings since 2011. The Claimant states that the Respondents have refused to refund him the shares. The Claimant prays the court for the following:a.Payment of Kshs 106,371/=b.Costs of this suit.c.Interest on a and b above at court rates; andd.Any such other or further relief as this Honourable court may deem fit and just to grant.
Respondent’s Case 2. In their Defence, the Respondents denies paragraph 10 of Claimant statement arguing that the Claimant has never been a Cooperative member.
3. They allege the Claimant delayed the investigations by refusing to write a statement with the police. The Respondents in paragraph 6 of their Defence have accepted owing the Plaintiff but claim the Sacco is short of funds. As at the date of writing this judgment, the Respondent had not filed their written submissions.
Issues of determination 4. The following are the issues that this Tribunal finds necessary for determination:
Issue one: Whether the claimant is entitled for a refund of Kshs 106,371/= Analysis of Issuesa.Payment of Kshs 106,371/= to the Claimant.The Claimant has proved through payment receipts produced in court that she was a contributor to the Sacco. 1st Respondent letter to the Claimant’s advocate dated June 26, 2019 alludes to the Claimant’s position of Kshs 106,371/= claim.We find that the Claimant has filed adequate evidence to support her claim of Kshs 106,371/= from the 1st Respondent which include claimant’s List of Documents dated August 14, 2019;a.Copy of identity cardb.Payment receiptsc.Income statement for the year ended December 31, 2012 and December 31, 2013d.Balance sheet as at December 31, 2013e.Receipt book extracts showing deposits by the plaintiff.f.Copy of the plaintiff’s passbook.g.Demand letter dated June 17, 2019h.Letters dated June 26, 2019 from the Sacco.i.Any other document that may arise later.
5. It is also on record that the Respondents did not file their submissions as directed by the court on 22/7/2022.
6. The Respondent has failed to furnish proof of their Statement of Defence. We thus find that the Claimant is entitled to her claim of: a. Kshs 106,371/=b.Cost of this suit.
Ordersa.Claimant’s Statement of Claim dated 14/8/2019 succeeds.b.Judgment be and hereby entered for the claimant for Ksh. 106,371/= together with costs and interest at court rates.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF APRIL, 2023. Hon. Beatrice Kimemia Chairperson Signed 27. 4.2023Hon. J. Mwatsama Deputy Chairperson Signed 27. 4.2023Hon. Beatrice Sawe Member Signed 27. 4.2023Hon. Fridah Lotuiya Member Signed 27. 4.2023Hon. Philip Gichuki Member Signed 27. 4.2023Hon. Michael Chesikaw Member Signed 27. 4.2023Hon. Paul Aoi Member Signed 27. 4.2023Tribunal Clerk Jemimah/JonahKavita advocate for the Claimant.Hon. J. Mwatsama Deputy Chairperson Signed 27. 4.2023