Dibondo v Bob Morgan Sacco [2025] KECPT 162 (KLR)

Dibondo v Bob Morgan Sacco (Tribunal Case 299/E277 of 2022) [2025] KECPT 162 (KLR) (30 January 2025) (Judgment)

Neutral citation: [2025] KECPT 162 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 299/E277 of 2022

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

January 30, 2025

Between

Moses Oduori Dibondo

Claimant

and

Bob Morgan Sacco

Respondent

Judgment

1. This being a refund issue the court directed on 14. 10. 2024 that the case will be dispensed through written submissions.Claimant’’s CaseThe Claimant’s case is based on his Memorandum of Claim dated 8. 4.2022 his witness statement of 8. 4.2022 his documents and written submissions.In his Statement of Claim/ Memorandum the Claimant states that he was a member of the Respondent with a saving of Kshs. 78,584/= as at the time of resigning in December 2017. He avers that he did a Demand Letter to the Respondent on 4. 3.2020.

2. The Claimant prays for payment of Kshs. 78,584/= from the Respondent plus costs of the suit.This position is confirmed by the Claimant through his witness statement dated 8. 4.2021 herein the Claimant prays for payment of interest at commercial rates from 11. 12. 2017 above the claim amount.

3. In his written submissions dated 23. 6.2023, Claimant invites their Tribunal to the issues for determination being:a.Whether Claimant issued proper notice of withdrawal from the Sacco.b.Who bears the court of this suit.In support of the Claimant’s case he has referred to by-laws number 20 of the Respondent on member withdrawal or expulsion.

Respondent’s Case 4. The Respondent’s case in based on reply to Memorandum of Claim dated 30. 10. 2024 and List of Documents dated 30. 10. 2024. At the time of writing this judgment the Respondent had not filed their written submission despite the 14. 10. 2024 Tribunal order on the same.In their reply to the Memorandum of Claim, the Respondent admit that the Claimant was their member but denies receiving a Notice of Withdrawal.The Respondent denies owing the Claimant the claim amount.The Respondent states that given proper notice, the Respondent would settle the Claimant case.

AnalysisIt is apparent that the Claimant has provided evidence to prove that he was a member of the Respondent. Additionally, the Respondent admits that the Claimant was his member of the Respondent. Additionally, the Respondent admits that Claimant was his member.In his reply to the Memorandum of Claim paragraph 6, the Respondent avers that given proper notice, they are ready to refund the Claimant.It is now clear that both parties only differ on amount of refund but the Claimant has filed member’s pay slip in support of his claim.The member pay slip filed by the Claimant have not seen contested by the Respondent.

ConclusionFrom the above, it is evident that the Claimant has a genuine claim.The Respondent has merely denied the amount of claim but has admitted that the Claimant was his member.The Respondent has further stated they are ready to refund the Claimant of proper notice is issued.In view of the foregoing this court is convinced that the Claimant has adequately prosecuted his case and therefore enters judgment in favour of the Claimant against the Respondent for:a.Refund of Kshs. 78,584/=b.Interest at tribunal rates with effect from the date of filing until payment in full.c.Cost of suit.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 30TH DAY OF JANUARY, 2025. HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 30. 1.2025HON. BEATRICE SAWE MEMBER SIGNED 30. 1.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 30. 1.2025HON. PHILIP GICHUKI MEMBER SIGNED 30. 1.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 30. 1.2025HON. PAUL AOL MEMBER SIGNED 30. 1.2025Tribunal Clerk MutaiWanyanga advocate for the ClaimantMs. Aluodo advocate for RespondentHon. J. Mwatsama Deputy Chairperson Signed 30. 1.2025