[2025] KECPT 287 (KLR)
The Tribunal found that the Claimant had provided credible documentary evidence of her deposits with the Respondent Sacco, specifically a payslip and account statement as at December 2021. The Respondent failed to file any substantive evidence to rebut the Claimant's claim, relying instead on general denials and...
Source-derived case information.
- Citation
- [2025] KECPT 287 (KLR)
- Parties
- Applicant: Mary Muthoni Mwangi; Respondent: Metropolitan National Sacco Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 779/E1042 of 2023
- Procedural Posture
- Civil Claim / Judgment
- Outcome
- Judgment for the Claimant for Kshs. 490,851.29 plus costs and interest.
- Judges
- BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Sacco Member Deposits, Account Statement Disputes, Monetary Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Muthoni Mwangi
Applicant
Metropolitan National Sacco Limited
Respondent
Procedural Posture
Civil Claim / Judgment
Legal Issues
- 1 Whether the Claimant is entitled to the sum of Kshs. 490,851.29 as claimed from the Respondent Sacco.
- 2 Whether the Respondent's defence and submissions rebut the Claimant's documentary evidence.
- 3 Whether costs and interest should be awarded to the Claimant.
Ratio Decidendi
The Tribunal found that the Claimant had provided credible documentary evidence of her deposits with the Respondent Sacco, specifically a payslip and account statement as at December 2021. The Respondent failed to file any substantive evidence to rebut the Claimant's claim, relying instead on general denials and reference to an ongoing inquiry. The Tribunal held that the burden of proof lay with the Claimant, who had discharged it, and that the Respondent's defence was insufficient. Judgment was therefore entered in favour of the Claimant for the sum of Kshs. 490,851.29 plus costs and interest.
Court Disposition
Judgment for the Claimant for Kshs. 490,851.29 plus costs and interest.
Orders
- Judgment entered in favour of the Claimant against the Respondent for Kshs. 490,851.29.
- The Respondent shall pay costs of the suit to the Claimant.
Full Case Text
Judgment text and source record
19 paragraphs
Mwangi v Metropolitan National Sacco Limited (Tribunal Case 779/E1042 of 2023) [2025] KECPT 287 (KLR) (Civ) (5 May 2025) (Judgment)
Neutral citation: [2025] KECPT 287 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Civil
Tribunal Case 779/E1042 of 2023
BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
May 5, 2025
Between
Mary Muthoni Mwangi
Claimant
and
Metropolitan National Sacco limited
Respondent
Judgment
1. Directions having been given on 27. 4.2025 for the parties to file Statement of Account andor proof of deductions to enable the Tribunal make a fair determination. We note the Claimant’s filed List of Documents dated 10. 4.2025 which gave the Claimant’s pay slip and as at December, 2021, the Claimant had deposits of Kshs. 506,056. 00=.We are guided by the same and note the Claimant despite having an opportunity to file their latest payslip as at the time of denovo did not do so.
2. Further we take note of the Respondent’s Defence which is mere denials and written submissions which focuses on the resolution of 21. 4.2022 and an Inquiry Report that is being undertaken by the Respondent for loss of money Respondent further state they can manage monthly installments.
3. Upon perusal of documents before us we are inclined to lietilt towards the Claimant’s evidence and as such enter judgment in favour of Claimant against Respondent for Kshs. 490,851. 29 as pleaded plus costs and interest.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 5TH DAY OF MAY, 2025. HON. B. KIMEMIA - CHAIRPERSON - SIGNED - 5. 5.2025HON. J. MWATSAMA - DEPUTY CHAIRPERSON - SIGNED - 5. 5.2025HON. BEATRICE SAWE - MEMBER - SIGNED - 5. 5.2025HON. FRIDAH LOTUIYA - MEMBER - SIGNED - 5. 5.2025HON. PHILIP GICHUKI - MEMBER - SIGNED - 5. 5.2025HON. MICHAEL CHESIKAW - MEMBER - SIGNED - 5. 5.2025HON. P. AOL - MEMBER - SIGNED - 5. 5.2025Tribunal Clerk - MutaiMs. Njeri advocate holding brief for Mr. Kanyoro advocate for the Claimant.No appearance for the Respondent.HON. J. MWATSAMA - DEPUTY CHAIRPERSON - SIGNED - 5. 5.2025