Makhanu v Metropolitan National Sacco Society Limited [2023] KECPT 48 (KLR)

Makhanu v Metropolitan National Sacco Society Limited (Tribunal Case 614 of 2021) [2023] KECPT 48 (KLR) (26 January 2023) (Judgment)

Neutral citation: [2023] KECPT 48 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 614 of 2021

M Mwatsama, Vice Chair, Gitonga Kamiti & M. Mbeneka, Members

January 26, 2023

Between

Protus Nyongesa Makhanu

Claimant

and

Metropolitan National Sacco Society Limited

Respondent

Judgment

1. Statement of Claim dated 9/11/21 filed on 4/1/22 is for determination.The Claimant avers to be a member of the Respondent and he had shares worth Ksh. 109,661. 72. He withdrew from Respondent in the year, 2020 and Respondent has failed to reimburse them.The Claimant’s prayers are for;a.The Claimant be paid his total contribution as particularized in paragraph 3 herein above amounting to Ksh. 109,661. 00 may deem fit to meet the ends of justice;b.The Respondent to pay the costs of this claim;c.Interest on the above at court rates.

2. The Respondent filed a Statement of Defence dated 18/1/22 filed on 11/2/22. The Respondent admits the Claimant is its member and was making monthly member deposit instalments. The Respondent further states in its Annual General Meeting resolution members resolved to have a schedule of refunds on first come first serve basis and Claimant’s refund is for 18th October, 2022.

3. Parties were directed to file written submissions to dispense off the claim. Claimant filed written submission dated 13/6/22 filed on 10/11/22 and Respondent filed written submission dated 9/11/22 filed on 10/11/22.

4. Having considered all the pleadings at hand the issue for determination is

Issue One Whether the Claimant is entitled to a refund of his shares. 5. The Claimant produced his Member statement dated 8/11/21 which showed he had deposits of Kshs. 109,661. 72. The Respondent only Defence is that the Claimant is scheduled to get his refund in October, 2022 which is now past.The Respondent do not deny owing the Claimant the amount of Kshs.109,661. 72.

Upshot 6. We find in favour of Claimant against Respondent for Kshs. 109,661. 72 plus cost and interest.

JUDGMENT, READ AND DELIVERED VIRTUALLY ON 26TH JANUARY, 2023. HON. MJENI MWATSAMA D/CHAIRPERSON SIGNED 26. 1.2023GITONGA KAMITI MEMBER SIGNED 26. 1.2023MARIA MBENEKA MEMBER SIGNED 26. 1.2023