Lusweti v Metropolitan National Sacco Society Limited [2024] KECPT 1534 (KLR)

Lusweti v Metropolitan National Sacco Society Limited (Tribunal Case 268 (E400) of 2023) [2024] KECPT 1534 (KLR) (26 September 2024) (Judgment)

Neutral citation: [2024] KECPT 1534 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 268 (E400) of 2023

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

September 26, 2024

Between

David Wanjala Lusweti

Claimant

and

Metropolitan National Sacco Society Limited

Respondent

Judgment

1. Matter for determination is Statement of Claim dated 13. 3.2023 filed on 16. 5.2023. Claimant avers he was member of Respondent being member number 101318 he formally withdraws from the society and requested for his refund of Kshs. 154,870. 05/=.The Respondent has not responded and his prayers are:a.The Claimant be paid his total contribution as particularized in paragraph 3 herein above amounting Kshs. 154,870. 05/=b.The Honourable 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.

2. The Claimant filed Witness Statement and List of Documents dated 13. 3.2023 which included:a.Payslipb.Withdrawal letterc.Demand letterd.Any other necessary document.

3. Respondent filed Statement of Defence dated 2. 6.2023 the Respondent on 8. 5.2024 requested for time to file their documents and were granted time.When matter came for confirmation of compliance Respondent had not filed their documents.The Respondent in their Defence admitted Claimant was their member and made monthly deposit installments. The denied receiving the Claimant’s withdrawal letter and further as per the 2022 Annual General Meeting resolution members agreed for refunds to be done after 2 years.As such any refunds were put in abeyance.

4. Parties were directed to file written submissions and as at the date of this judgment none of the parties had filed their written submissions.Issue oneThe issue for determination is one as to whether the Claimant is entitled to his refund of Kshs. 154,870. 05/=.The Claimant filed his Statement of Account printed on 10. 2.2023 which showed he had savings of Kshs. 124,870. 05/- as at 30. 9.2022.

5. As such the evidence from Claimant is clear what is due to him as per the Statement of Account is Kshs. 124,870. 05/=. We note Claimant withdraw from Respondent vide letter dated 8. 7.2021 and we note from the Statement of Account some payments had been made to Claimant on 28. 2.2017, 30. 6.2022 and 26. 5.2016.

UpshotJudgment is entered in favour of claimant against Respondent for Kshs. 124,870. 05/= plus cost and interest.

JUDGMENTSIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF SEPTEMBER, 2024. HON. B. KIMEMIA CHAIRPERSON SIGNED 26. 9.2024HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 26. 9.2024HON. BEATRICE SAWE MEMBER SIGNED 26. 9.2024HON. FRIDAH LOTUIYA MEMBER SIGNED 26. 9.2024HON. PHILIP GICHUKI MEMBER SIGNED 26. 9.2024HON. MICHAEL CHESIKAW MEMBER SIGNED 26. 9.2024HON. PAUL AOL MEMBER SIGNED 26. 9.2024TRIBUNAL CLERK JEMIMAHNo appearance by partiesJudgment delivered in absence of parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 26. 9.2024