Kimani v Banana Hill Matatu Sacco Society Limited [2022] KECPT 214 (KLR)

Kimani v Banana Hill Matatu Sacco Society Limited (Tribunal Case 614 of 2018) [2022] KECPT 214 (KLR) (Civ) (26 May 2022) (Judgment)

Neutral citation: [2022] KECPT 214 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 614 of 2018

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

May 26, 2022

Between

Mary Wangari Kimani

Claimant

and

Banana Hill Matatu Sacco Society Limited

Respondent

Judgment

1. The claim for determination was filed vide Statement of Claim dated October 27, 2018 by claimant who avers she was a member of respondent Sacco and in March 2014 she withdrew her membership.The respondent to date has not refunded her shares and therefore requests/ prays for :a.Respondent pays Kshs. 78,331/= 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 years.c.Dividends that were issued in 2014 but ploughed back.d.Costs of this claim.e.Interests on a, b and c above.f.Any other or further relief that this Tribunal may deem fit to grant.The claimant filed Witness Statement and list of documents dated October 27, 2018 which she attached:a.Demand letter dated March 20, 2018b.Copy of 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 January 16, 2019 filed on January 25, 2019. The respondent merely denied and claim and further stated claimant was an imposter who did not have any records to favour his claim.The respondent further filed a Witness Statement.Respondent’s documents vide list of documents dated July 26, 2019 which they intended to rely on which were: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.

3. The matter proceeded for hearing on February 24, 2022 ex-parte the respondent despite service did not appear in court to defend the claim.The claimant testified adopting her Witness Statement dated October 27, 2018 filed on November 20, 2018 as her Evidence- in- chief.She also produced the documents in her list of documents which included CEX 2 which is the Claimant’s Statement of Account from respondent which indicates as of 18. 9.2017 the claimant had Kshs. 78,331/= in contribution.

4. The respondent despite denial did not have a tangible Defence.We note respondent filed further list of documents dated August 10, 2020 filed on August 14, 2020 which had an order of staying proceedings in CTC.NO. 494 OF 2017. We have confirmed from the records the claimant herein is not part of the list amongst members that had been stayed.

5. We are convinced claimant was a member of respondent and had shares worth Kshs. 78,331/= as per the Statement of Account and there being no contrary evidence.We enter judgment in favour of claimant against Respondent for Kshs. 78,331/= plus cost and interests.Prayer for dividends fails.

JUDGMENT SIGNED, DATED AND DELIVERED AT NAIROBI VIRTUALLY THIS 26TH DAY OF MAY, 2022. Hon. J. Mwatsama Deputy Chairperson ……………………….Mr. P. Gichuki Member ………………………..Mr. B. Akusala Member ………………………….Tribunal Clerk …………………