[2021] KECPT 615 (KLR)
The tribunal found that the claimant's statement of account did not reflect the claimed amount of Kshs.367,000. The correct amount, as evidenced by both parties' statements, was Kshs.336,794.33 after deducting commission on refund and excise duty of Kshs.1,200. The tribunal held that the claimant is entitled to this...
Source-derived case information.
- Citation
- [2021] KECPT 615 (KLR)
- Parties
- Claimant: Titus Macharia Kimani; Respondent: Metropolitan National Sacco Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 239 of 2020
- Procedural Posture
- Tribunal Claim / Ruling
- Outcome
- judgment for the claimant
- Legal Topics
- Refund of Deposits, Cooperative Societies, Member Withdrawal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Titus Macharia Kimani
Claimant
Metropolitan National Sacco Society Limited
Respondent
Procedural Posture
Tribunal Claim / Ruling
Legal Issues
- 1 Whether the claimant is entitled to a refund of his deposits upon withdrawal from the respondent sacco.
- 2 What is the correct amount refundable to the claimant after deductions.
- 3 Whether the claimant is entitled to costs and interest.
Ratio Decidendi
The tribunal found that the claimant's statement of account did not reflect the claimed amount of Kshs.367,000. The correct amount, as evidenced by both parties' statements, was Kshs.336,794.33 after deducting commission on refund and excise duty of Kshs.1,200. The tribunal held that the claimant is entitled to this amount, together with costs and interest, as the respondent did not dispute the claimant's right to a refund but only the quantum and timing. The tribunal thus entered judgment for the claimant for Kshs.336,794.33 plus costs and interest.
Court Disposition
judgment for the claimant
Orders
- The respondent shall pay the claimant Kshs.336,794.33.
- The respondent shall pay costs of the suit to the claimant.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO.239 OF 2020
TITUS MACHARIA KIMANI..................................................................CLAIMANT
VERSUS
METROPOLITAN NATIONAL SACCO SOCIETY LIMITED....RESPONDENT
RULING
The Claimant’s claim vide the Statement of Claim dated 7. 8.2020 is for refund of Kshs.367,000/=, costs and interest in the suit. That he wrote to the Respondent on 15. 4.2019 expressing his wish to withdraw from the membership and refund of his deposits.
The Respondent vide their Statement of Defence dated 31. 8.2020 stated that as per their 2019 Annual General Meeting decided that refunds were on first come basis and the Claimant’s refunds were scheduled to be 22. 11. 2020. That the refundable amount was Kshs.337, 514/85 and not Kshs.367,000/=.
The parties filed written submissions on 4. 2.2021 and 3. 2.2021 respectively. The Respondent also filed the Statement of Account and the Claimant filed the Member’s Statement. As per the Claimant’s Member’s Statement, the deposits as at 24. 3.2020 is Kshs.337,514/85 while the Respondents Statement of Account as at 20. 11. 2020 is Kshs.336,794/33 exclusive of the commission on refund and excise duty Kshs.1200/=.
We have carefully considered the pleadings, documents filed, witness statements and the written submissions. We note that the amount of Kshs.367,514/85 does not reflect on the statement of account of the Claimant. The amount payable is Kshs.336,794/33 after deductions of the commission on refund and excise duty at Kshs.1200/=.
We therefore enter judgment in favour of the Claimant against the Respondent for Kshs.336,794/33 plus costs and interest in the suit.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY THIS 6TH DAY OF MAY, 2021.
Hon. B. Kimemia Chairperson ...................................
Hon. J. Mwatsama Deputy Chairperson ....................................
Mr. P. Gichuki Member ....................................
Tribunal Clerk .............................