Ambasi v Ufundi Sacco Society Limited [2022] KECPT 162 (KLR)

Ambasi v Ufundi Sacco Society Limited (Tribunal Case 534 of 2017) [2022] KECPT 162 (KLR) (Civ) (3 March 2022) (Judgment)

Neutral citation: [2022] KECPT 162 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 534 of 2017

J. Mwatsama, Vice Chair, P. Gichuki & B. Akusala, Members

March 3, 2022

Between

Cyrus Esiera Ambasi

Claimant

and

Ufundi Sacco Society Limited

Respondent

Judgment

1. The matter for determination was filed vide statement of claim dated August 18, 2017 and filed in court on August 25, 2018. The claimant avers he was a member of the respondent society under membership number 8869. On May 9, 2017 the Claimant wrote to the respondent expressing his wish to withdraw his membership and thus requested for refund of his shares.On July 28, 2017 the claimant wrote a reminder letter to the respondent reminding them to refund his contribution.However, the respondent have not done so.The claim is for Kshs. 318,900/= being shares contributed.The Claimant prayer is for:a.The said sum of Kshs. 318,900/=b.Interest in (a) abovec.Costs of the suitd.Any other relief to deemed appropriate by this Honourable Tribunal.

2. The respondent filed their reply to statement of claim dated April 17, 2018 on April 17, 2018 upon interlocutory judgment being set aside after their Application Notice of Motion dated November 27, 2017 filed on 4. 12. 17 was allowed on 3. 4.2018. The reply to statement of claim denied the averments in the claim and respondent specifically denied being indebted to the claimant to the tune of kshs. 318,900/= as per paragraph 6 of statement of claim.Further the respondent claim they are undergoing financial constrains and are not able to meet their members demands.

3. The matter being one of refunds the parties were directed to file written submissions to dispose of the claim and Claimants filed their written submissions dated July 27, 2021 on 4. 8.2021. On November 18, 2021 when the matter came for mention to confirm filing of submissions. The respondents intimated they shall not be filing any written submissions and thus matter slated for judgment.

4. From the pleadings and documents before the Tribunal and after careful consideration the issues for determination are:

Issue oneWhether the claimant is entitled to the refunds as per the claim.Issue twoCosts.Issue oneWhether the claimant is entitled to the refunds as per the claim.

5. The claimant avers he was a member f of respondent with savings amounting to Kshs. 318,900/=. The respondent admit the claimant was their member however deny owing the claimant the said amount.

6. The respondent do not offer any other evidence or reasons for refuting the Claimants claim.Other than the Respondent undergoing financial constrain thus any refunds shall cause a strain to the Sacco.We rely on the claimant’s documents which were filed in the claimant’s list of documents dated 4. 6.2018 on 12. 6.2018 which he attached.i.Letter dated 9. 5.2017ii.Letter dated 28. 7.2017iii.Payslip dated January 2017.

7. The documents indeed confirm he requested for his refunds and payslips confirm the deductions made towards the shares contribution.The respondents did not file or produce any documents to substantiate their denial of the claimant’s claim.We find the claimant has proved his case on a balance of probability and thus find in his favour.We therefore enter judgment in favour of the claimant against respondent for Kshs. 318,900/= plus costs and interest from time of filing suit.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 3RD DAY OF MARCH, 2022. Prepared by:Hon. J. Mwatsama Deputy Chairperson Signed 3. 3.2022Mr. P. Gichuki Member Signed 3. 3.2022Mr. B. Akusala Member Signed 3. 3.2022Tribunal Clerk R. LeweriMr. Makhanu Advocate for the ClaimantMuriuki Advocate for the RespondentMuriuki: We seek 45 days Stay of Execution.Makhanu : We pray they be given 30 days.Tribunal : 30 days Stay of Execution.Hon. J. Mwatsama Deputy Chairperson Signed 3. 3.2022