Joshua v Metropolitan National Sacco Limited [2025] KECPT 217 (KLR)

Joshua v Metropolitan National Sacco Limited (Tribunal Case 111/E210 of 2024) [2025] KECPT 217 (KLR) (27 March 2025) (Judgment)

Neutral citation: [2025] KECPT 217 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 111/E210 of 2024

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

March 27, 2025

Between

Elisha Muatha Joshua

Claimant

and

Metropolitan National Sacco Limited

Respondent

Judgment

1. Matter for determination is Statement of Claim dated 19/03/2024 filed on 21/03/2024. The Claimant claims he was a member of the Respondent Sacco and that he was member no. 88043 and had savings of Ksh.138,563. 28/=.

2. The claimant in the year 2023 withdrew from the respondent Sacco and requested for his refund which he has not received to date.

3. The claimant prayers are for:a.The claimant be paid his total contribution as particularized in paragraph 3 herein above amounting to Kshs.138,563. 28/=b.The Honorable court do issue such orders and give such directions as it may deem fit to meet the ends of justice.c.The Respondent to pay the costs of this claim.d.Interest on the above at court rates.

4. The claimant filed witness statement and list of documents dated 19/03/2024 filed on 21/03/2024 which included;a.Member statementb.Demand letterc.Withdrawal letter

5. The Respondent filed statement of defence dated 12/06/2024 filed on 24/06/2024

6. The respondent denied argument that Statement of Claim and stated claimant had not proved that respondent was in possession their savings & a deposits

7. Further respondent stated that the claimant made the claim in bad faith contrary to the resolution of the Annual General Meeting suspending the refunds.

8. Also, the Respondent is undergoing financial challenges and is overwhelmed by the various applications for refund.The respondent wishes for more time to handle the outstanding matter.Thus, requested for just to be dismissed.

9. The matter being one of refund the tribunal directed parties to file written submissions.

10. The claimant filed their written submissions dated 20/10/2024 and the respondent filed their written submissions dated 20/11/2024

11. Having looked into all the pleadings and documents filed by the parties the two issues for determination are:Issue oneWhether the Claimant is a member of the societyIssue twoWhether the respondent owes the Claimant Khs. 138,563. 28

Issue One - Whether the Claimant is a member of the society 12. The Respondent merely denied claimant was their member however claimant had filed in their list of documents the claimant’s statement of account from respondent which clearly indicated respondent name and claimant’s name as Elisha Mwathi John Joshua and membership no. 88043

13. This document was not interrogated by respondent as such we shall take it as legitimate.

Issue Two - Whether Respondent owes claimant ksh.138,563. 28/= 14. We shall revert back to the claimant’s statement of claim as filed and in it we see as of 13/03/2024 the claimant had savings of ksh.118,563. 28

15. This evidence was not challenged by the respondent neither did they say/state whether claimant had any liability with respondent which may cause them not to refund the claimant

16. The respondent issue of there being may refund cases does not hold water.

17. The claimant made their savings as individuals and can not be stopped from getting their refund because of multiplication of claims. That is not a good enough reason.

18. The said resolution passed by respondent has not been tabled to confirm their averments.

19. As such we are convinced as statement of account filed the claimant has savings of ksh.118563. 23/=

UPSHOT 20. Judgement is entered in favour of claimant against the respondent for ksh.118,563. 23 plus cost and interest

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF MARCH, 2025. HON. B. KIMEMIA CHAIRPERSON SIGNED 27. 3.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 3.2025HON. BEATRICE SAWE MEMBER SIGNED 27. 3.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 27. 3.2025HON. PHILIP GICHUKI MEMBER SIGNED 27. 3.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 27. 3.2025TRIBUNAL CLERK JONAHGichabi advocate holding brief for Kanyoro advocate for the Claimant.Gitonga Muriuki advocate for Respondent – No appearanceHON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 3.2025