Mwaniki v Metropolitan National Sacco Ltd (Tribunal Case E239 of 2025) [2026] KECOPT 328 (KLR) (20 August 2026) (Judgment)
The Claimant proved entitlement to the monetary balance claimed after retirement and loan offset, but failed to prove any entitlement to dividends because the audited accounts showed no dividends were declared for the relevant years; therefore, the dividends prayer failed while the balance due was awarded with costs...
Source-derived case information.
- Citation
- [2026] KECOPT 328 (KLR)
- Parties
- Claimant: Peter Mugai Mwaniki; Respondent: Metropolitan National Sacco Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E239 of 2025
- Procedural Posture
- Tribunal Claim / Judgment After Summary Judgment in Absence of a Defence
- Outcome
- Partly allowed in favour of the Claimant
- Judges
- ["J Mwatsama", "B Sawe", "PO Aol", "F Lotuiya", "M Chesikaw"]
- Legal Topics
- Sacco Member Savings Payout, Loan Offset Against Savings, Dividends Entitlement, Summary Judgment, Non Appearance and Default Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mugai Mwaniki
Claimant
Metropolitan National Sacco Limited
Respondent
Procedural Posture
Tribunal Claim / Judgment After Summary Judgment in Absence of a Defence
Legal Issues
- 1 Whether the Claimant was entitled to payment of dividends as pleaded.
- 2 Whether the Respondent was liable to pay the admitted sum due after offsetting the loan against the Claimant's savings.
Ratio Decidendi
The Claimant proved entitlement to the monetary balance claimed after retirement and loan offset, but failed to prove any entitlement to dividends because the audited accounts showed no dividends were declared for the relevant years; therefore, the dividends prayer failed while the balance due was awarded with costs and interest.
Court Disposition
Partly allowed in favour of the Claimant
Orders
- Judgment entered for the Claimant against the Respondent in the sum of Kshs. 501,588.00.
- The prayer for dividends was dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
**** **REPUBLIC OF KENYA** **IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI** **TRIBUNAL CASE NO. E239 OF 2025** **(Hon. J. Mwatsama- Chairperson, Hon. B. Sawe- Member, Hon. F. Lotuiya- Member, Hon. P. Aol- Member, Hon. M. Chesikaw-Member)** **PETER MUNGAI MWANIKI ……………..…..…..…………….…CLAIMANT** **VERSUS** **METROPOLITAN NATIONAL SACCO LIMITED……………. RESPONDENT** **JUDGMENT OF THE TRIBUNAL** 1. The matter for determination is Statement of Claim dated 25th March 2025. The Claimant states she is a teacher by profession and has been a member of Respondent Society account number 00002200 under membership number 7776. Claimant avers to have saved Kshs. 569,890.00/=. Upon retirement Claimant requested for Respondent to deduct his loan amount of Kshs. 68,332.00/= from his savings on 1st May 2023. 2. In May 2024, Claimant avers the Respondent demanded a sum of Kshs. 148,656.40/= through Silverline Auctioneers which amount was from interest and penalty charges was beyond the Kshs. 68,332.00/=. The Claimant is for: 1. The sum of Kshs. 501,558.00/= due and owing to the Claimant by the Respondent. 2. Dividends due to the Claimant 3. Cost of this suit and interest on (a) and (b) thereon 4. Any such other relief as this Honourable court may deem fit to grant. Claimant filed Witness Statement and List of Documents dated 25th March 2025 to support his claim. The List of Documents includes the following documents: 1. A copy of the Claimant’s payslip 2. The Claimant’s letter dated 1st May 2023 3. The Claimant’s letter dated 4th August 2023 4. Silverline Auctioneers letter dated 25th May 2024 5. The Claimant’s letter dated 13th June 2024 6. The Claimant’s letter dated 18th June 2024 7. The Claimant’s Advocates letter dated 15th August 2024 8. The Respondent did not enter appearance and Summary Judgment in absence of a Defence being filed on 26th May 2026. The issue for determination remained one. Whether the Claimant is entitled to payment of dividend as per his Statement of Claim dated 25th March 2025. Claimant filed the Respondent audited account on 9th July 2026. The accounts are for the year ending 2022 and 2024. A keen look into the account page 4 of the Financial Report for year ending 31st December 2022 clearly shows there were no dividends declared in the year 2022 and year 2023. For the Financial Report for the year ending 31st December 2024 there are no dividends declared. With no record of dividend being declared, the prayer number 6 for dividends fails. Summary Judgment entered on 26th May 2025 is endorsed. Judgment is entered in favour of Claimant against Respondent for **Kshs. 501,588.00/=** plus cost and interest from date of filing suit. Judgment dated and delivered *virtually* at **Nyeri** this **20th** day of **August, 2026.** **Hon. J. Mwatsama Chairperson Signed 20/8/2026** **Hon. B. Sawe Member Signed 20/8/2026** **Hon. P. Aol Member Signed 20/8/2026** **Hon. Fridah Lotuiya Member Signed 20/8/2026** **Hon. M. Chesikaw Member Signed 20/8/2026** Court Assistant – J. Koki Ngigi advocate for the Claimant Metropolitan Society – No appearance **Hon. J. Mwatsama Chairperson Signed 20/8/2026**