Ali v Metropolitan National Sacco Society Ltd [2025] KECPT 368 (KLR)

Ali v Metropolitan National Sacco Society Ltd (Tribunal Case 304/ E 438 of 2023) [2025] KECPT 368 (KLR) (10 July 2025) (Judgment)

Neutral citation: [2025] KECPT 368 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 304/ E 438 of 2023

Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members

July 10, 2025

Between

Abdallah Mukwana Ali

Claimant

and

Metropolitan National Sacco Society Ltd

Respondent

Judgment

1. The matter for determination is Statement of Claim dated 2/6/2023 filed on 6/6/2023. The Claimant avers to have been a member of the Respondent Society and was member no. 13137. On 10/7/2023, the Claimant wrote to the Respondent withdrawing his membership. However, despite the withdrawal, the Respondent has failed to reimburse the Claimant his dues.Claimant’s prayer is for;a.A judgement against the Respondent for refund of Claimant deposits of Kshs. 282,240. 00/= plus interest at court rates.b.Costs of the suit.c.Interest in a & b above from the date of filing this suit.d.Any other relief that this Honourable Tribunal may deem just and fit to grant.The Claimant filed List of Documents dated 2/6/2023 on 6/6/2023 which document included;i.Withdrawal letterii.A copy of statement.

2. The Respondent filed Statement of Defence dated 21/6/2023 filed on 10/7/2023 where the Respondent denied the averments of the claim more so on the demand letter stating the same is not stamped this not received by the Respondent.The Respondent avers as per the resolution of 2022 Annual General Meeting, there was a suspension of refunds, which suspension was for 2 years from May, 2022. The Respondent further aver they have liquidity challenges which the Claimant knows of and as of the resolution passed in the year 2022, refund would only resume after 2 years.The Respondent admitted the Claimant was their member but prayed for claim to be dismissed. The Respondent filed their List of Documents dated 21/6/2023 on 10/7/2023 which list included;i.Claimant’s member statementii.Sacco By-lawsiii.2019 and 2022 AGM resolutions

3. Matter being one for refunds, the same was to be canvassed by way of Written Submissions as directed by the Tribunal. The Claimant filed Written Submissions dated 6/1/2025 on 7/1/2025 and as the time of writing this judgment the Respondent had not filed Written Submissions.Having considered the pleadings, documents and Written Submissions, the issue for determination is whether the Claimant is entitled to the refund of Kshs 282,240/=.The Respondent admitted to the Claimant being a member and as such the onus was on Claimant to prove his claim.Claimant avers to have saved Kshs. 282,240/= with the Respondent. As proof of the same, the Claimant filed his Statement of Accounts which cane from the Respondent society. The said document confirms the Claimant had savings of Kshs. 282,240/= from the Respondent’s Statement of Accounts printed on 2/6/2023. The said document was not denied by the Respondent nor did they challenge the evidence at hand.The Respondent only stated or alluded to a resolution passed in year 2019 and 2012, which suspended refunds for a period of 2 years which is now past.Is there anything else preventing the Claimant from being compensated?The Respondents have not shown any evidence why the Claimant should not be paid; no liabilities at all lie with the Claimant, only the issue of the resolutions.Without any further argument, we are convinced the Claimant is owed Kshs. 282,240. 55/= by the Respondent and as such we enter judgement in favor of Claimant against Respondent for Kshs. 282,240. 55/= plus cost and interest

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 10TH DAY OF JULY, 2025. HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 10. 7.2025HON. BEATRICE SAWE - MEMBER SIGNED 10. 7.2025HON. FRIDAH LOTUIYA - MEMBER SIGNED 10. 7.2025HON. PHILIP GICHUKI - MEMBER SIGNED 10. 7.2025HON. MICHAEL CHESIKAW - MEMBER SIGNED 10. 7.2025HON. P. AOL - MEMBER SIGNED 10. 7.2025Tribunal Clerk KokiAbdalla Mukwana Ali- presentMetropolitan National Sacco – No appearance