Annah Mbula Muoki v Huduma Co-Op Saving & Credit Ltd Society [2021] KECPT 276 (KLR)

REPUBLIC OF KENYA

IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI

TRIBUNAL CASE NO. 678 OF 2019

ANNAH MBULA MUOKI ................CLAIMANT

VERSUS

HUDUMA CO-OP SAVING AND CREDIT

LTD SOCIETY................................RESPONDENT

JUDGMENT

1.  The Claimant filed a plaint dated 28/10/19. She avers she was employed as a cleaner with Gurunanak Ramagharia Temple and on 8. 10. 2014 she joined the Huduma Co-op Savings and Credit Society Ltd and paid membership fee of Ksh1,000/= and monthly contribution of Kshs2,200/=. Kshs2000/= was for shares and Ksh200/= was for benevolent fund.

That in April 2016 she had savings of Kshs.38,520/= and Kshs 4000/= for benevolent fund. The Claimant resigned from the Respondent`s Society and served them with a resignation letter. She was requested to wait for three months for the payment. The Respondent has ignored and or refused to refund the Claimant her dues.

On 4/4/16 the Claimant received her statements for the year 2016, the balance was Ksh39,520/= but  the current statement shows her total balance is Ksh52,800/=.

She requested for the savings to be paid to her. She prays for judgment against the Respondent for;

a) Special damages of Kshs82,368/=

b) Cost of the suit

c) Interest on a at court rates from the date of the breach till payment in full and b above from the date of judgment.

2.  The Respondent entered appearance and filed a statement of admission dated 31/12/19 on 2/2/20. Paragraph 4 of the statement of admission the Respondent admits to owing the Claimant Ksh39,250/=.

They further in paragraph 5 of the statement of admission give a proposal to pay the Claimant in installment of Ksh5,000/= per month.

In contradiction of the earlier paragraphs in paragraph 8, they state that the claim if res judicata and ought to be dismissed.

Paragraph 9 seeks for a refund the said sum of Ksh39,250/=.

3. The court ordered that the matter be determined by way of written submissions. On 11/2/21 Claimant filed their submissions dated 1/3/21 on 4/3/21.

The Respondent had on earlier date 20/1/21 been ordered to file and serve Statement of Account but the same have not been filed since.

On 12/5/21 the Respondent were present for a mention and stated they would visit the Claimant`s Advocate in their offices to reconcile the accounts.

On 7/6/21 when the matter was mentioned, the Respondent had not filed the Statement of Account neither had the parties reconcile the accounts. A judgement date was given.

As at the time of writing this judgement, there is no document filed by the Respondent other than their Statement of Admission

Determination

As per the documents attached by the Claimant at the time of filing suit, the receipts are proof of payment and thus add up to Ksh38,520/=

The payment statement for the year 2016 dated 4/4/18 and hand written note for the amount due as at August 2019 is not attached.

We therefore shall not consider the same document noting it is not in the court records. He who pleads must prove. The Respondent having admitted to the sum of Ksh39,520. 00/= judgment having been entered for the amount on 12/10/20. The court amends the entire judgment in favor of the Claimant against the Respondent for;

1.  Ksh39,520/= as share refunds

2.  Ksh5,000/= benevolent fun is not refundable

3.  Interest at court rates from the time of filling suit.

Judgment signed, dated and delivered virtually  at Nairobi this 29thday of July, 2021.

Hon. B. Kimemia                  Chairperson                Signed       29. 7.2021

Hon. J. Mwatsama              Deputy Chairperson  Signed       29. 7.2021

Mr. Gitonga Kamiti              Member                       Signed       29. 7.2021

Tribunal Clerk                       Maina Charles

Rakoro Advocate  for Claimant:  Present

No appearance  for Respondent

Hon. B. Kimemia                  Chairperson                Signed       29. 7.2021