Karanja v Banana Hill Matatu Sacco Society Limited [2022] KECPT 216 (KLR)

Karanja v Banana Hill Matatu Sacco Society Limited (Tribunal Case 615 of 2018) [2022] KECPT 216 (KLR) (Civ) (26 May 2022) (Judgment)

Neutral citation: [2022] KECPT 216 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 615 of 2018

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

May 26, 2022

Between

Fredrick Kimani Karanja

Claimant

and

Banana Hill Matatu Sacco Society Limited

Respondent

Judgment

1. The claim for determination is dated October 27, 2018filed on November 20, 2018the Claimant avers he was member of Respondent and made contributions. He withdraw his membership in November 2014. The Claimant avers since the Respondent has not refunded his contribution and prays for judgment against Respondent for:a.Respondent pays Kshs. 811,640/= 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 Witness Statement and Claimant’s list of documents dated October 27, 2018in which documents attached were:a.Demand letter datedApril 11, 2018b.Copy of the detailed member statement printed on the September 18, 2017c.Copy of letter dated November 17, 2017

2. The Respondent filed a response to the claim dated 16. 1.2019 dated January 25, 2019. The same was full of denials. The Respondent further filed a Witness Statement by Simon Ngigi Matheri the chairman then and list of documents dated July 26, 2019which included: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 onAugust 28, 2015.

3. Matter came for hearing on February 24, 2022when the matter proceeded exparte in absence of Respondent’s despite service.The Claimant CW1 testified produced his Witness Statement dated 27. 10. 2018 filed on 20. 11. 2018. The same was adopted as his Evidence- in- chief.The Respondent not being present to defend the claim the case was closed.

Issue One 4. Issue for determination is whether Claimant was a member and whether he should be refunded his shares.The Claimant testified he was a member of Respondent and produced Statement of Account marked CEX 2 which is from Respondent and showed the contribution he made.The Respondent on the hand their defence was full of denials.Without any evidence to the contrary we are convinced with the document produced by Claimant that indeed he was a member No. 1928 of Respondent and had shares amounting to Kshs. 811,640/= as at 18. 9.2017.

5. We have considered the Respondent’s Defence and documents and the same are not convincing. The further list of documents dated on 10. 8.2020 filed on 14. 8.2020 that there is an order in CTC NO.494 OF 2017 to stay proceedings in the matters therein.We have confirmed the Claimant is not amongst those in the list.We therefore find in favour of Claimant against Respondent for Kshs. 811,640/- plus cost and interests.No proof was given for dividend was given and the prayer therefore 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