https://new.kenyalaw.org/akn/ke/judgment/kecopt/2026/287
The Claimant proved through his account statement and uncontroverted testimony that the Respondent had already deducted the outstanding loan balance, leaving a refundable savings balance of Kshs. 168,309/=; the Respondent produced no evidence to contradict that position, so judgment followed for the claimed sum,...
Source-derived case information.
- Citation
- [2026] KECOPT 287 (KLR)
- Parties
- Claimant: Godfrey Egesa Ouma; Respondent: Uwepo Savings & Credit Co-operative Society Limited (Formerly Bob Morgan Co-operative Savings & Credit Society Limited)
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E487 of 2025
- Procedural Posture
- Co Operative Tribunal Claim for Refund of Savings / Judgment After Hearing; Respondent Absent and Defence Filed on Record
- Outcome
- Judgment for the Claimant
- Judges
- ["J Mwatsama", "F Lotuiya", "PO Aol"]
- Legal Topics
- Refund of Member Savings, Loan Offset Against Savings, Non Appearance by Respondent, Costs and Interest, Member Resignation From SACCO
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Godfrey Egesa Ouma
Claimant
Uwepo Savings & Credit Co-operative Society Limited (Formerly Bob Morgan Co-operative Savings & Credit Society Limited)
Respondent
Procedural Posture
Co Operative Tribunal Claim for Refund of Savings / Judgment After Hearing; Respondent Absent and Defence Filed on Record
Legal Issues
- 1 Whether the Respondent owed the Claimant Kshs. 168,309/= after deduction of the outstanding loan balance
- 2 Whether the Respondent's pleaded references to outstanding loans and guarantees had any evidential basis
- 3 Whether the Claimant was entitled to costs and interest
Ratio Decidendi
The Claimant proved through his account statement and uncontroverted testimony that the Respondent had already deducted the outstanding loan balance, leaving a refundable savings balance of Kshs. 168,309/=; the Respondent produced no evidence to contradict that position, so judgment followed for the claimed sum, costs, and interest.
Court Disposition
Judgment for the Claimant
Orders
- The Respondent shall pay the Claimant Kshs. 168,309/=.
- The Claimant is awarded costs of the suit.
Full Case Text
Judgment text and source record
1 paragraphs
Ouma v Uwepo Savings & Credit Co-operative Society Limited (Formerly Bob Morgan Co-operative Savings & Credit Society Limited) (Tribunal Case E487 of 2025) [2026] KECOPT 287 (KLR) (8 July 2026) (Judgment) Neutral citation: [2026] KECOPT 287 (KLR) Republic of Kenya In the Cooperative Tribunal Tribunal Case E487 of 2025 J Mwatsama, Chair, F Lotuiya & PO Aol, Members July 8, 2026 Between Godfrey Egesa Ouma Claimant and Uwepo Savings & Credit Co-operative Society Limited (Formerly Bob Morgan Co-operative Savings & Credit Society Limited) Respondent Judgment 1.The matter for determination is vide a Statement of Claim dated 23/5/2025. The Claimant states he was a member of the Respondent Society having joined in the year 2004. He contributed towards his account and on 15th August 2024 he tendered his resignation from the Society. On 8th January, 2025 he wrote another letter. As at the date of filing suit the Respondent had not refunded his savings and his prayer is for:a.An order for the refund of Kshs. 168,309.00/=b.The Respondent do pay costs of this suitc.Interest in (a) and (b) above from the date of filing this suit. 2.The Claimant filed Witness Statement and List of Documents dated 23/5/2026.a.Member Statement dated 10th July 2024b.Resignation letter dated 15th August 2024c.Letter dated 8th January 2025d.Demand and Notice dated 20th March 2025 to support his claim.The matter is one of refund and came for hearing on 8/7/2025. The Claimant testified as CW1 and adopted his Witness Statement dated 23/5/2026 as his evidence in chief producing the documents in his List of Documents as Claimant’s Exh.1-4.He confirmed he had a loan with Respondent Sacco. At the time of withdrawing the loan balance was Kshs. 49,000.00/= which he requested the Society to deduct from his savings which as at 15th August 2024 were at Kshs. 217,000.00/=. From Claimant’s Exh.1, that is the Member Statement of Account, the figures are well articulated. 3.The deduction of Kshs. 49,000.00/= loan balance was done on 21st August 2024 and Claimant remained with savings of Kshs.168,309.12/=. The evidence is not controverted. On the hearing date the Respondent did not attend court to defend the claim and their case was closed.We look into the Defence by Respondent dated 22nd August 2025 and the same contains mere denials. They allude to Claimant being entitled to Kshs. 168,309 but is subject to clearing outstanding loans and guarantees.From the Claimant’s Statement of Account produced as Claimant’s Exh.1 – the outstanding loan was deducted on 21st August 2024 and thus no other loans were pending. Share capital is generally non-refundable and we note the amount did not form part of the savings. 4.In absence of any plausible Defence the case before us direct. The Claimant has proven the Respondent owes him money and Respondent have not produced any evidence to the contrary.Judgement is entered in favour of Claimant against Respondent for Kshs.168,309/= plus cost and interest from date of filing suit. JUDGMENT DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 8TH DAY OF JULY, 2026.HON. J. MWATSAMACHAIRPERSON SIGNED 8/7/2026HON. FRIDAH LOTUIYAMEMBER SIGNED 8/7/2026HON. P. AOLMEMBER SIGNED 8/7/2026Court Assistant – Koki