[2021] KECPT 265 (KLR)
The tribunal found that the claimant was entitled to a refund of his share contributions amounting to Kshs. 3,700, as the claim was liquidated and undisputed. The respondent failed to appear or file supporting documents to contest the claim, despite being duly served. The tribunal accepted the respondent's by-laws...
Source-derived case information.
- Citation
- [2021] KECPT 265 (KLR)
- Parties
- Claimant: Norman Samuel Bari; Respondent: Ufundi Sacco Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 2 of 2010
- Procedural Posture
- Liquidated Claim / Judgment
- Outcome
- judgment for claimant
- Legal Topics
- Refund of Shares, Benevolent Fund Contributions, Exparte Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Norman Samuel Bari
Claimant
Ufundi Sacco Society Limited
Respondent
Procedural Posture
Liquidated Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to a refund of shares contributed to the respondent society.
- 2 Whether the claimant is entitled to a refund of contributions made to the burial and benevolent fund.
- 3 Whether the respondent's by-laws preclude refund of benevolent fund contributions.
Ratio Decidendi
The tribunal found that the claimant was entitled to a refund of his share contributions amounting to Kshs. 3,700, as the claim was liquidated and undisputed. The respondent failed to appear or file supporting documents to contest the claim, despite being duly served. The tribunal accepted the respondent's by-laws as precluding refund of burial and benevolent fund contributions, as pleaded in the defence and unchallenged by the claimant. Accordingly, judgment was entered for the claimant for the sum of Kshs. 3,700, with costs and interest from the date of filing suit.
Court Disposition
judgment for claimant
Orders
- Judgment entered in favour of the claimant for Kshs. 3,700.
- Respondent to pay costs of the suit.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL
AT MOMBASA
TRIBUNAL CASE NO.2 OF 2010
NORMAN SAMUEL BARI…..................................................CLAIMANT
VERSUS
UFUNDI SACCO SOCIETY LIMITED............................RESPONDENT
JUDGMENT
1. Matter for determination is based on the Claimant’s Statement of Claim dated 10. 3.2010 filed on 18. 3.2010 seeking for:
(i)Refund of shares
(ii)Contributions to Benevolent funds
(iii)Costs.
2. The Respondent filed a Statement of Defence dated 17. 5.2010 filed on 17. 5.2010 denying the averments therein denying claim of burial benevolent fund as untenable and un-refundable as per the Respondent’s by-laws.
The matter was fixed for hearing on 14. 4.2021 as per the Affidavit of Service filed on 7. 7.2021 the hearing notice was served upon Respondent via email on 24. 6.2021.
There being no appearance for the Respondent who was duly served the matter proceeded exparte.
3. The Claimant Norman Bari stated he was a retiree since December 2008. That he was a member of the Respondent and was making monthly contributions of 100 per month hence total amount claimed for in that regard is Kshs.3700/=.
He also claimed burial and benevolent contribution deducted from his salary and further added he was not sure whether it was refundable.
He adopted his statement of claim form and produced list of documents dated 21. 5.2021 filed on 7. 7.2021.
4. We have carefully considered the evidence on record, the pleadings documents filed and Defence the Respondent filed.
In paragraph 4 of the Defence the respondent averred that they had paid all dues in 2003 and that the burial benevolent fund was non- refundable.
We note that no documents were filed by the Respondent and at the time of the hearing there was no appearance by the Respondent who were duly served hence their case ordered as closed.
5. This being a liquidated claim and owing to the fact that burial and benevolent funds are not refundable we accordingly enter judgment in favour of claimant against the Respondents for Kshs.3,700/= plus costs and interest in the suit from date of filing suit, that is 18. 3.2010.
Ruling signed, dated and delivered virtually at Mombasa this 9thday of July, 2021.
Hon. B. Kimemia Chairperson Signed 9. 7.2021
Hon. J. Mwatsama Deputy Chairperson Signed 9. 7.2021
Mr. P. Gichuki Member Signed 9. 7.2021
Tribunal Clerk Charles Maina