Lagat v Metropolitant Sacco Ltd [2024] KECPT 984 (KLR)

Lagat v Metropolitant Sacco Ltd (Tribunal Case 111 (E165) of 2023) [2024] KECPT 984 (KLR) (27 June 2024) (Judgment)

Neutral citation: [2024] KECPT 984 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 111 (E165) of 2023

BM Kimemia, Chair, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members

June 27, 2024

Between

Lilian Chebet Lagat

Claimant

and

Metropolitant Sacco Ltd

Respondent

Judgment

1. Matter for determination is an Amended Statement of Claim dated 6/12/2023 filed on 7/12/2023. The Claimant avers that she was a member of the Respondent Sacco with membership No. 103148. She states that she contributed consistently a total of Kshs. 65,900. 00/=.She withdrew on 12/01/2022 via a Withdrawal Notice to the Respondent dated the same day.The Claimant states that the Respondent has refused and/or ignored to honour her withdrawal letter.Her claim is thus for:a.A judgement against the Respondent for refund of Claimant deposits of Kshs. 65,900. 00/= plus interest at court’s rate from 12/01/2022. b.Costs of the suit.c.Interest in a and b above from the date of filing this suit.d.Any other relief that this Honourable Tribunal may deem just and fit to grant.

2. The Claimant further filed her List of Documents dated 24/2/2023 which included:a.Withdrawal letter dated 12/01/2022b.A copy of Statement Accounts.

3. The Respondent filed a Statement of Defence dated 22/3/2023 on 14/11/2023. The Respondent admitted that the Claimant was their member No. 103148 but denied the Claim.The Respondent averred that through a resolution of May 2022, the Respondent was not to refund member withdrawal for a period of 2 years because the Respondent was facing liquidity challenges.

4. The Tribunal on 14/12/2023 gave directions for the Claim to be dispensed off by way of Written Submissions. The Claimant filed their Written Submissions on 16/1/2024 filed on 22/1/2024. As at the date of writing this judgement they had not filed their Written Submissions.

5. The issue for determination is one;Whether the Claimant is entitled to her refund?The Claimant being a member and not disputed, contributed Kshs. 95,900. 00/=. To prove their Claim, the Claimant filed their Statement of Accounts dated 24/2/2023 which show that the Claimant had member deposits of Kshs. 65,900. 00/=.

6. It further shows he had an Emergency Super Loan which he cleared on 13/11/2017 and a Normal Super Loan which was paid up on 31/12//2021. The Claimant’s deposits are clearly shown as Kshs. 65,900/=.The Respondent did not file any documents to counter the Claimant’s Claim. As such, despite the Respondent’s claim of resolutions being passed in an Annual General Meeting on May, 2022, the same ought to have been paid in May, 2024 now past.

7. There is no sufficient reason given why the Respondent should not make the refund and it is clear the Claimant has no liabilities.As such, we find in favour of the Claimant against the Respodnent for Kshs. 65,900. 00/= plus costs and interest.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF JUNE, 2024. HON. B. KIMEMIA CHAIRPERSON SIGNED JUNE 27, 2024HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED JUNE 27, 2024HON. BEATRICE SAWE MEMBER SIGNED JUNE 27, 2024HON. FRIDAH LOTUIYA MEMBER SIGNED JUNE 27, 2024HON. PHILIP GICHUKI MEMBER SIGNED JUNE 27, 2024HON. MICHAEL CHESIKAW MEMBER SIGNED JUNE 27, 2024HON. PAUL AOL MEMBER SIGNED JUNE 27, 2024TRIBUNAL CLERK JONAHNgichahi advocate for the ClaimantMkamani advocate holding brief for Gitonga Muriuki advocate for the RespondentMkamani advocate – We pray for 30 days stay of executionNgichahi advocate- No objectionTribunal orders30 days stay of execution granted.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED JUNE 27, 2024