Ambani v Mudete Factory Tea Growers Sacco [2022] KECPT 138 (KLR)

Ambani v Mudete Factory Tea Growers Sacco (Tribunal Case 796 of 2017) [2022] KECPT 138 (KLR) (Civ) (17 February 2022) (Judgment)

Neutral citation: [2022] KECPT 138 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 796 of 2017

J. Mwatsama, Chair

February 17, 2022

Between

Hudson Mudi Ambani

Claimant

and

Mudete Factory Tea Growers Sacco

Respondent

Judgment

1. The Claim before the Tribunal was brought by claimant who avers he was a member of the respondent. He had Ksh. 28,677. 00 which is a refund of his total shares contribution as at 3rd November, 2014. On October, 2014 the claimant gave the respondent 60 days’ notice of voluntary withdrawal. The respondent have to date not paid the claimant his dues despite notices and demands made.The claimant prays for judgment against the respondent for;-a)A declaration that the claimant made due contribution/shares with the respondent during his membership period and consequently an order compelling the respondent to furnish the court with a full late statement to the claimants deductions and subsequently the shares due to him;b)An order for refund of the shares with interest and dividends accrued thereof on the shares as from the date of his issuance of notices of withdrawal and any deductions made thereafter with interest upon confirmation and ascertainment of (a) above;c)Costs of the claim.

2. The respondent did not file a response and the claimant requested for interlocutory judgment on 19/8/18 and Interlocutory Judgment entered 25/9/19. The matter was to come for formal proof hearing on 4/12/2019. However the claimant was not present and a mention notice was issued for 13/2/20. On 13/2/20 the claimant were also not present.On 15/2/21 the matter was listed for dismissal but claimant requested for an opportunity to present the claim. They prayed for 30 days to file Statement of Accounts and account of dividends which was granted.On 13/10/21 the matter came for mention and claimant directed to file written submissions. The claimant filed their written submissions date 30/10/21 on 23/11/21.

3. No Statement of Account is in the court records as filed by claimant nor account of dividends. The claimant avers he had shares of Kshs. 28,677. 00 as at November 3, 2014. Notice has been given as per his filed list of documents, demand letter dated December 1, 2017. There is a Statement of account of shares that read date 30/9/13 to 3/12/14 which shows balance was Ksh. 28,577. 95. We therefore have no reason to dispute the same as it was not defended.We enter judgment in favor of claimant;-a)Prayer 1 – declaration claimant made contribution for against respondent;b)Kshs. 28,577. 95 - with costs and interest from date of filing suit.

RULING, READ AND DELIVERED ON VIRTUALLY THIS 17TH DAY OF FEBRUARY, 2022HON. MJENI MWATSAMA DEPUTY CHAIRPERSON SIGNED 17. 2.2022P. GICHUKI MEMBER SIGNED 17. 2.2022B. AKUSALA MEMBER SIGNED 17. 2.2022SignedHon. Mjeni MwatsamaDeputy ChairpersonIn the presence of -No Appearance by both parties.SignedHon. Mjeni MwatsamaDeputy Chairperson17/2/22