Tinga v Morgan Sacco Limited (Tribunal Case E295 of 2025) [2026] KECOPT 242 (KLR) (14 May 2026) (Judgment)
The Claimant proved by his statement of account that the Respondent held his savings of KShs. 139,067 as at April 2023, and the Respondent did not controvert that evidence or show any liability warranting withholding the money; the Claimant was therefore entitled to refund with costs and interest.
Source-derived case information.
- Citation
- [2026] KECOPT 242 (KLR)
- Parties
- Claimant: Farouk Marube Tinga; Respondent: Morgan Sacco Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E295 of 2025
- Procedural Posture
- Cooperative Tribunal Claim for Refund of Member Deposits / Judgment
- Outcome
- Judgment entered for the Claimant
- Judges
- ["J Mwatsama", "B Sawe", "F Lotuiya", "M Chesikaw", "PO Aol"]
- Legal Topics
- Refund of Member Savings, Burden of Proof, Written Submissions, Costs and Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Farouk Marube Tinga
Claimant
Morgan Sacco Limited
Respondent
Procedural Posture
Cooperative Tribunal Claim for Refund of Member Deposits / Judgment
Legal Issues
- 1 Whether the Claimant was entitled to refund of KShs. 139,067 from the Respondent Sacco
- 2 Whether the Respondent had any lawful basis to withhold the refund
Ratio Decidendi
The Claimant proved by his statement of account that the Respondent held his savings of KShs. 139,067 as at April 2023, and the Respondent did not controvert that evidence or show any liability warranting withholding the money; the Claimant was therefore entitled to refund with costs and interest.
Court Disposition
Judgment entered for the Claimant
Orders
- The Respondent shall pay the Claimant KShs. 139,067.00
- The Claimant is awarded costs of the suit
Full Case Text
Judgment text and source record
1 paragraphs
Tinga v Morgan Sacco Limited (Tribunal Case E295 of 2025) [2026] KECOPT 242 (KLR) (14 May 2026) (Judgment) Neutral citation: [2026] KECOPT 242 (KLR) Republic of Kenya In the Cooperative Tribunal Tribunal Case E295 of 2025 J Mwatsama, Ag Chair, B Sawe, F Lotuiya, M Chesikaw & PO Aol, Members May 14, 2026 Between Farouk Marube Tinga Claimant and Morgan Sacco Limited Respondent Judgment 1.The Matter for determination is Statement of Claim dated 27th March 2025. The Claimant was a member of the Respondent Society from the year 2010 to 25th April 2023. He withdrew from Respondent Society and at the time of leaving the Society he has saved KShs. 139,069.00. The Respondent has refused to refund him his dues. As a result, the Claimant filed the suit.His prayers for judgment against the Respondent are;a.Refund of deposits of KShs. 139,069.00b.Interest on a above at courts rates from 1st August 2023c.Costs of the suit.d.Any other relief so deemed appropriate by this Honourable Tribunal. 2.The Claimant filed List of Documents dated 27th March 2025 on even date which heldi.Demand Letter to the Respondent dated 9th October 2023ii.Claimant Statement of Account from 31st December 2019 to 15th August 2023iii.Claimant’s resignation letter dated 25th April 2023 3.The Respondent filed Statement of Defence dated 24th October 2025. The Respondent denies the averments by the Claimant and in particular owing the Claimant KShs. 139,067.00. The Statement of Defence was merely a denial. 4.The matter being one refunds the tribunal directed the same be canvassed by way of Written Submission. The Claimant filed Written Submission dated 6th March 2026 and as at the date of writing this judgement the Respondent had not filed their written submissions. 5.The issue for determination is one:Whether the Claimant is entitled to his refund of KShs. 139,067?To support his claim the Claimant produced the Statement of Account which showed as at April 2023 the Claimant had savings of KShs. 139,067.00.This evidence is not controverted or denied by the Respondent. This confirms the Respondent holds funds belonging to the Claimant. 6.The Respondent’s have not stated which Claimant had any liabilities to warrant no refund. Upshot 7.The Claimant has proved his case and judgement is thus entered in favour of Claimant against Respondent for KShs. 139,067.00 plus cost and interest from date of filing suit. JUDGEMENT DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 14TH DAY OF MAY, 2026.HON. J. MWATSAMA - AG. CHAIRPERSON SIGNED 14.5.2026HON. BEATRICE SAWE - MEMBER SIGNED 14.5.2026HON. FRIDAH LOTUIYA - MEMBER SIGNED 14.5.2026HON. MICHAEL CHESIKAW - MEMBER SIGNED 14.5.2026HON. P. AOL - MEMBER SIGNED 14.5.2026Mutai Court AssistantMusili advocate for the ClaimantNyachoti advocate for the Respondent- No appearance