[2025] KECPT 248 (KLR)

[2025] KECPT 248 (KLR)

The Tribunal found that the Claimant had produced credible, unchallenged evidence of his deposits and share capital contributions, including stamped statements and a withdrawal letter. The Respondent failed to file any substantive defence, documents, or submissions to controvert the claim. The Tribunal held that...

Source-derived case information.

Citation
[2025] KECPT 248 (KLR)
Parties
Applicant: Fredricjk Andati Shichienga; Respondent: Comoco Sacco Society Limited
Court
Cooperative Tribunal
Jurisdiction
Kenya
Judgment Date
29 April 2025
Case Number
Tribunal Case 991/E1005 of 2022
Procedural Posture
Civil Claim / Judgment
Outcome
claim partly allowed
Judges
BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw
Legal Topics
Sacco Member Deposits, Refund of Shares, Uncontested Claims
Source Language
english
Commercial and Corporate Sacco Member Deposits Refund of Shares Uncontested Claims

Source-derived case record

Summary, issues, holding and outcome

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Parties

Fredricjk Andati Shichienga

Applicant

Comoco Sacco Society Limited

Respondent

Procedural Posture

Civil Claim / Judgment

Legal Issues

  1. 1 Whether the Claimant has sufficiently proved his entitlement to a refund of deposits from the Respondent Sacco.
  2. 2 Whether share capital is refundable to a withdrawing member under cooperative law.
  3. 3 Whether the Respondent's defence raised any triable issues.

Ratio Decidendi

The Tribunal found that the Claimant had produced credible, unchallenged evidence of his deposits and share capital contributions, including stamped statements and a withdrawal letter. The Respondent failed to file any substantive defence, documents, or submissions to controvert the claim. The Tribunal held that while the Claimant is entitled to a refund of his deposits (Kshs. 256,389/-), the share capital (Kshs. 20,000/-) is non-refundable as per established cooperative law. The Tribunal therefore ordered the immediate refund of the deposits, with costs and interest, as the claim was proved on a balance of probabilities and remained uncontroverted.

Court Disposition

claim partly allowed

Orders

  • Immediate refund of Kshs. 256,389/- to the Claimant.
  • The Claimant is awarded costs of the suit together with interest from date of filing suit at Tribunal rates until payment in full.