[2024] KECPT 1151 (KLR)
The Tribunal found that the respondent did not dispute owing the claimant the sum of Kshs. 318,521 as a refund of her deposits upon withdrawal of membership. The respondent's reliance on the AGM resolution to suspend refunds due to liquidity challenges was not sufficient to defeat the claimant's statutory right to a...
Source-derived case information.
- Citation
- [2024] KECPT 1151 (KLR)
- Parties
- Applicant: Joyce Nasieku; Respondent: Metropolitant Sacco Ltd
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 129/E154 of 2023
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- judgment for claimant
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Sacco Member Refunds, Withdrawal of Membership, Deposit Repayment, Liquidity Challenges
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Nasieku
Applicant
Metropolitant Sacco Ltd
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to a refund of her deposits upon withdrawal of membership from the respondent Sacco.
- 2 Whether the respondent's AGM resolution to suspend refunds due to liquidity challenges lawfully bars the claimant's entitlement to her deposits.
Ratio Decidendi
The Tribunal found that the respondent did not dispute owing the claimant the sum of Kshs. 318,521 as a refund of her deposits upon withdrawal of membership. The respondent's reliance on the AGM resolution to suspend refunds due to liquidity challenges was not sufficient to defeat the claimant's statutory right to a refund. The Tribunal held that the claimant had waited an unreasonable period since August 2022 and that the respondent's internal resolutions could not lawfully bar the claimant from receiving her deposits. Accordingly, judgment was entered in favour of the claimant for the sum claimed, plus costs and interest at Tribunal rates from the date of filing the claim.
Court Disposition
judgment for claimant
Orders
- Judgment entered in favour of the claimant against the respondent for Kshs. 318,521 plus costs and interest at Tribunal rates from the date of filing claim.
- 30 days stay of execution granted.
Full Case Text
Judgment text and source record
21 paragraphs
Nasieku v Metropolitant Sacco Ltd (Tribunal Case 129/E154 of 2023) [2024] KECPT 1151 (KLR) (25 July 2024) (Judgment)
Neutral citation: [2024] KECPT 1151 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 129/E154 of 2023
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
July 25, 2024
Between
Joyce Nasieku
Claimant
and
Metropolitant Sacco Ltd
Respondent
(Coram: Hon. B. Kimemia- Chairperson, Hon. J. Mwatsama- Deputy Chairperson, Hon. B. Sawe- Member, Hon. F. Lotuiya- Member, Hon.P. Gichuki- Member, Hon. M. Chesikaw- Member and Hon. P. Aol- Member.)
Judgment
Facts Of The Case 1. The Claimant was a member of the Respondent Sacco member number 13011 and on 28th April, 2022 made an Application to withdraw her membership. As at the time of withdrawing her membership, her deposits stood at Kshs. 318,521/=.
2. The Respondent did not refund the deposits and on 1st December, 2022, the Claimant filed this claim praying for judgment against the Respondent for the sum of Kshs. 318,521/= plus interest at commercial rates from the 28th April, 2022 till the date of judgment.The Respondent’s filed their Statement of Defence which indicated the following:i.That the Claimant did not withdraw her membership as they did not receive a withdrawal letter.ii.That the Respondent’s 2022 Annual General Meeting, made a resolution and agreed to stop all further refunds as a result of liquidity challenges which was within the Claimant’s knowledge.iii.That members made a resolution to schedule refunds on a first come first serve basis and once a withdrawal letter is received, the Claimant’s refund will put on a refunds roster.iv.That the Annual General Meeting of 2022 agreed to put refunds in abeyance and that resolution binds the Claimant.
3. On 9th February, 2024 this Tribunal made orders for this case to be canvassed through written submissions and the same having been complied with, the only question remaining for determination is as to whether the Claimant is entitled to the reliefs she seeking.
Is The Claimant Entitled To The Reliefs She Is Seeking? 4. From evidence adduced, the Respondent has not denied owing the Claimant refunds of Kshs. 318,521/= as at the date of filing this claim. We have considered the circumstances they have raised and it is our considered opinion that they should not make the Claimant wait any longer. The Claimant has been waiting from August 2022.
Final Ordersi.Judgment entered in favour of the Claimant against the Respondent for the sum of Kshs. 318,521/= plus cost and interest at Tribunal rates from the date of filing claim.
JUDGMENTSIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 25TH DAY OF JULY, 2024. Hon. B. Kimemia Chairperson Signed 25. 7.2024Hon. J. Mwatsama Deputy Chairperson Signed 25. 7.2024Hon. Beatrice Sawe Member Signed 25. 7.2024Hon. Fridah Lotuiya Member Signed 25. 7.2024Hon. Philip Gichuki Member Signed 25. 7.2024Hon. Michael Chesikaw Member Signed 25. 7.2024Hon. Paul Aol Member Signed 25. 7.2024Tribunal Clerk JemimahNo appearance for claimant.Ms. Wanjiru for Respondent holding brief for Thimba advocateMs. Wanjiru for Respondent – I pray for 30 days stay of executionOrder- 30 days stay of execution granted.Hon. B. Kimemia Chairperson Signed 25. 7.2024