Mbugua v Transcom Sacco Limited [2022] KECPT 161 (KLR)

Mbugua v Transcom Sacco Limited (Tribunal Case 98 of 2018) [2022] KECPT 161 (KLR) (Civ) (17 February 2022) (Judgment)

Neutral citation: [2022] KECPT 161 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 98 of 2018

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

February 17, 2022

Between

Henry Kahiga Mbugua

Claimant

and

Transcom Sacco Limited

Respondent

Judgment

1. The Claim for determination is dated 16/3/18 filed on even date.The Claim seeks for the Respondent to pay;a.The said sum of Kshs. 218,810/- being shares contribution;b.Costs of the suit and interest until payment in full;c.Any other relief so deemed appropriate by this Honourable Tribunal.

2The Claimant claims to have been a member of the Respondent herein as member No. P. No. 1993070361.

3. On or about 20/6/16 he wrote to the Manager of Respondent expressing his wish to withdraw his membership from the Respondent Sacco and requested for his share contribution.

4. At the time of his withdrawal he had a share contribution of Kshs. 218,810/-.

5. The refund of shares was to be done within 60 days and Respondent failed to do so necessitating filings of the claim.2. The Respondents filed a Reply to the Statement of Claim dated 26/4/18 and sated as follows; they denied being indebted to the Claimant a sum of Kshs. 218,810/, but rather the correct figure is Kshs. 201,810/-.The Respondent averred it had received several withdrawal letters from its members and has been overwhelmed to meet the demands due to financial challenges.3. On 3/11/20 the parties were directed to file written submissions to determine the matter. As at 13/8/21 only the Claimant had filed their submissions dated 19/3/21 on 23/3/21.

6. The Respondent had not filed theirs and as such a judgment date was issued.

Issue for DeterminationThe Claim and Response present the only issue for determination to be;I.How much is the Claimant owed by the Respondent;II.Costs of the suit. Issue One 7. How much is the Claimant owed the Respondent?It is not disputed the Claimant was a member of the Respondent and made contributions amounting to Ksh. 218,810/-.The Respondent on the other hand admits only the Claimant Kshs. 201,810/- as per its records and state the delay in payment in because they are overwhelmed and are facing financial challenges.We note that the parties have also tried negotiating the claim but not successfully.We are satisfied that the Claimant issued proper notice to the Respondent and the Respondent to date has not made good their and of bargain by paying the Claimant their monies.Despite the Respondent admitting to Ksh. 201,810/- they do not state why should not pay the balance.No issue has been raised of Claimant’s liabilities if at all.

Issue two- CostsCosts follow the event. 8. On this end we find the Claimant has proved his case against the Respondent and enter judgment in favour of Claimant against Respondent for Kshs. 218,810/- with costs and interest from date of filing suit.

RULING, PREPARED READ AND DELIVERED VIRTUALLY ON 17TH FEBRUARY, 2022 WITH WHOM P. GICHUKI AND B. AKUSALA AGREE.SignedDeputy Chairperson12/1/22.