[2024] KECPT 76 (KLR)
The tribunal found that the respondent admitted owing the claimant the specific and liquidated sum of Kshs. 998,400 as deposits. The respondent failed to provide any evidence of partial payment, a repayment schedule, or bona fide efforts to settle the debt over a period exceeding four years. The tribunal held that...
Source-derived case information.
- Citation
- [2024] KECPT 76 (KLR)
- Parties
- Applicant: Charles Okadia Otieno; Respondent: Miliki Savings & Credit Sacco Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 332 of 2021
- Procedural Posture
- Tribunal Claim / Judgment
- Outcome
- Claim partly allowed; judgment entered for refund of deposits, claim for shares dismissed.
- Judges
- BM Kimemia, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Sacco Member Withdrawal, Refund of Deposits, Liquidated Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Okadia Otieno
Applicant
Miliki Savings & Credit Sacco Limited
Respondent
Procedural Posture
Tribunal Claim / Judgment
Legal Issues
- 1 Whether the respondent is obligated to refund the claimant's deposits upon withdrawal of membership.
- 2 Whether the respondent's delay in refunding the deposits is justified under the circumstances.
- 3 Whether the claimant is entitled to costs and interest.
Ratio Decidendi
The tribunal found that the respondent admitted owing the claimant the specific and liquidated sum of Kshs. 998,400 as deposits. The respondent failed to provide any evidence of partial payment, a repayment schedule, or bona fide efforts to settle the debt over a period exceeding four years. The tribunal held that the respondent's financial difficulties did not justify indefinite delay, and that justice required the claimant to be refunded without further delay. The claim for refund of shares was denied as they were non-withdrawable. The tribunal entered judgment on admission for the deposits, with costs and interest from the date of filing.
Court Disposition
Claim partly allowed; judgment entered for refund of deposits, claim for shares dismissed.
Orders
- The respondent to refund the claimant his deposits of Kshs. 998,400.
- Prayer for refund of shares in the sum of Kshs. 20,000 is dismissed as they are non-withdrawable shares.
Full Case Text
Judgment text and source record
24 paragraphs
Otieno v Miliki Savings & Credit Sacco Limited (Tribunal Case 332 of 2021) [2024] KECPT 76 (KLR) (29 January 2024) (Judgment)
Neutral citation: [2024] KECPT 76 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 332 of 2021
BM Kimemia, Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
January 29, 2024
Between
Charles Okadia Otieno
Claimant
and
Miliki savings & Credit Sacco Limited
Respondent
Judgment
Facts of the case. 1. Around December 2019, the Claimant issued a Notice of Withdrawal of his membership and sought a refund of his savings of Kshs. 998,500/= and shares valued at Kshs. 20,000/=. He was instructed to make the request through filing some forms, which he did and payed the requisite withdrawal fees.The Respondent communicated the receipt of the request and directed the Claimant to expect a refund in 60 days.
2. After more than one year with no refunds, the Claimant on 5th May, 2021 filed this suit seeking the order of this Tribunal to instruct the Respondents to reimburse his contributions.
3. The Respondents in their Statement of Defence did not dispute or deny owing the Claimant, only requested for time to settle the amount given that Covid-19 had slowed down their operations.The Claimant is convinced that more than 4 years have now lapsed and the Respondent is acting in bad faith or in a discriminating manner by refusing or neglecting to reimburse his contributions. The Claimant submits that it is in the interest of justice and fairness that this court answers his prayers by ordering the Respondent to reimburse his contributions.
Reasonable amount of time to settle or do a Refund 4. Courts have always insisted that in considering the reasonable amount of time it should take for one party to refund another party, it is important to look at:i.The peculiar circumstances of the case,ii.How the amount to be refunded originated,iii.The bona fides of the party owed.iv.The financial position of the party owing and that of the party owed.v.The conduct of the party owing and that of the party owed, andvi.The hardship that may result or that has resulted in refunding or failing to refund.
5. In this particular case, it is not in dispute that the Respondent owes the Claimant, and it is also not in dispute that the Respondents are experiencing some financial challenges.
6. The respondents have not furnished this Tribunal with Statement of Accounts to enable us know how much however little they have refunded the claimant given that they have admitted to owing him and as such we take it that in four(4) years they have never demonstrated any good faith to try and refund the Claimant.
7. The Respondents have also not given the Claimant any proposal or schedule of settling the refund, the one they gave lapsed more than two years ago. It is not in the interest of justice for a party to wait forever to access what they are owed as a matter of right.
8. We have considered the peculiar circumstances of this case from how the amount to be refunded originated, to the conduct of the parties, and given that the Respondent has admitted in evidence to owing the Claimant the amount claimed, which is specific and liquidated, we find no reason as not to enter judgment on admission.
Final Orders:i.The Respondent to refund the Claimant his deposits of Kshs. 998,400/=.ii.Prayer b on Refund of Shares for the sum of Kshs. 20,000/= is not successful since they are non-withdrawable shares.iii.Cost and interest from date of filing claim.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 29TH DAY OF JANUARY, 2024. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 29. 1.2024HON. BEATRICE SAWE MEMBER SIGNED 29. 1.2024HON. FRIDAH LOTUIYA MEMBER SIGNED 29. 1.2024HON. PHILIP GICHUKI MEMBER SIGNED 29. 1.2024HON. MICHAEL CHESIKAW MEMBER SIGNED 29. 1.2024HON. PAUL AOL MEMBER SIGNED 29. 1.2024Tribunal Clerk JemimahNo appearance for RespondentOkadia for Claimant: PresentJudgment delivered.HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 29. 1.2024