Gicheru v Banana Hill Matatu Sacco Society Limited [2022] KECPT 213 (KLR)

Gicheru v Banana Hill Matatu Sacco Society Limited (Tribunal Case 612 of 2018) [2022] KECPT 213 (KLR) (Civ) (26 May 2022) (Judgment)

Neutral citation: [2022] KECPT 213 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 612 of 2018

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

May 26, 2022

Between

Robert Gicheru

Claimant

and

Banana Hill Matatu Sacco Society Limited

Respondent

Judgment

1. The matter for determination is brought vide a Statement of Claim dated October 27, 2018. The Claimant states he was member of Respondent that is Banana Hill Matatu Sacco and made monthly contributions.In November 2014 the Claimant wished to withdraw his membership and requested for a refund of his contributions.The Respondent had not done so as at the date of the hearing and Claimant prays for:a.Respondent pays Kshs. 325,467. 10/= together with interest.b.That the shares held by the Claimant in the Respondent’s Cooperative Society be liquidated and paid to the Claimant together with the dividends accrued over the yearsc.Dividends that were issued in 2014 but ploughed back.d.Costs of this claime.Interests on a, b and c above.f.Any other or further relief that this Tribunal may deem fit to grant.The Claimant further filed a list of documents and attached his demand letter CEX1 and Statement of Account from Respondent CEX 2 which the statement indicated he had contributed Kshs. 325,467/=.

2. The Respondent filed a response to the claim dated 16. 1.2019 filed on January 25, 2019. The said response is full of mere denials and in paragraph 9 stated the Claimant was an imposter and has no records to show in favour of his claim.The Respondent further filed a Witness Statement by the Chairman dated July 26, 2019filed on July 31, 2019and list of documents dated July 26, 2019filed on July 31, 2019which had:a.Minutes of Annual General Meeting held on April 25, 2015b.Report of interim committee dated July 25, 2015c.Minutes of Special General Meeting held on August 28, 2015. There is a further list of documents dated August 10, 2020filed on August 14, 2020which is an order staying proceedings.

3. The matter proceeded for hearing on February 24, 2022and Claimant adopted his Witness Statement dated October 27, 2018on November 20, 2018as his Evidence - in -chief and documents produced as CEX-1-3. The Respondent were not present for trial despite service.In their absence of the Respondent the Claimant closed their case and judgment date given.Having considered the pleading, evidence given during hearing and document the issue for consideration is one.

Issue One Whether the Claimant is entitled to his refund contribution.The Claimant as adduced in evidence was a member of Respondent Sacco.CEX 2 Statement of Account evidence he was member No.1162 and contributed Kshs. 325,467. 10/=.The Respondent did not mention any liabilities attaching to the Claimant and thus no reason has been given why the same should not be paid.The Supplementary list of documents by Respondent which attached an order from this tribunal in CTC. No.494 of2017 staying proceedings.We take note this matter is not among those ones.

4. In absence of the Respondent and then defending their claim we find in favour Claimant against Respondent for Kshs. 325,467/= plus cost and interests.

Prayer for dividends and its interest fails.

JUDGMENT SIGNED, DATED AND DELIVERED AT NAIROBI VIRTUALLY THIS 26TH DAY OF MAY, 2022. Hon. J. Mwatsama Deputy ChairpersonMr. P. Gichuki MemberMr. B. Akusala MemberTribunal Clerk