[2024] KECPT 981 (KLR)
The Tribunal found that the respondent did not deny owing the claimant the sum of Kshs. 469,668.79 as at the date of filing the claim. The Tribunal considered the respondent's arguments regarding the AGM resolution to suspend refunds due to liquidity challenges but held that the claimant had already waited since...
Source-derived case information.
- Citation
- [2024] KECPT 981 (KLR)
- Parties
- Claimant: Veronica Suyianka; Respondent: Metropolitant Sacco Ltd
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E277 (184) 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 Withdrawal, Refund of Deposits, Liquidity Challenges, Resolution of Agm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Veronica Suyianka
Claimant
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 from the Sacco.
- 2 Whether the respondent's AGM resolution to suspend refunds is binding on the claimant.
Ratio Decidendi
The Tribunal found that the respondent did not deny owing the claimant the sum of Kshs. 469,668.79 as at the date of filing the claim. The Tribunal considered the respondent's arguments regarding the AGM resolution to suspend refunds due to liquidity challenges but held that the claimant had already waited since August 2022 and that further delay was unjustified. The Tribunal concluded that the claimant was entitled to the refund of her deposits, together with costs and interest, as the respondent's internal resolutions could not indefinitely postpone a member's statutory right to a refund upon withdrawal.
Court Disposition
judgment for claimant
Orders
- Judgment entered in favour of the claimant against the respondent for the sum of Kshs. 469,668.79 plus costs and interest.
- Respondent granted 30 days stay of execution.
Full Case Text
Judgment text and source record
21 paragraphs
Suyianka v Metropolitant Sacco Ltd (Tribunal Case E277 (184) of 2023) [2024] KECPT 981 (KLR) (27 June 2024) (Judgment)
Neutral citation: [2024] KECPT 981 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case E277 (184) of 2023
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
June 27, 2024
Between
Veronica Suyianka
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 12488 and on August 29, 2022 made an Application to withdraw her membership. As at the time of withdrawing her membership, her deposits stood at Kshs. 469,668. 79/=.
2. The respondent did not refund the deposits and on December 1, 2022, the claimant filed this claim praying for judgment against the respondent for the sum of Kshs. 469,668. 79/= plus interest at commercial rates from the August 29, 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 17th April, 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. 469,668. 79/= 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. 469,668. 79/= plus cost and interest.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF JUNE, 2024. Hon. B. Kimemia Chairperson Signed 27. 6.2024Hon. J. Mwatsama Deputy Chairperson Signed 27. 6.2024Hon. Beatrice Sawe Member Signed 27. 6.2024Hon. Fridah Lotuiya Member Signed 27. 6.2024Hon. Philip Gichuki Member Signed 27. 6.2024Hon. Michael Chesikaw Member Signed 27. 6.2024Hon. Paul Aol Member Signed 27. 6.2024Tribunal Clerk JonahMkamani advocate for the RespondentVeronicah Suyianka – No appearanceMkamani advocate – We pray for 30 days stay of executionTribunal ordersRespondent granted 30 days stay of execution.Hon. J. Mwatsama Deputy Chairperson Signed 27. 6.2024