Muchene v Comoco Sacco Society Limited [2024] KECPT 211 (KLR)

Muchene v Comoco Sacco Society Limited (Tribunal Case 165/E073 of 2022) [2024] KECPT 211 (KLR) (7 March 2024) (Judgment)

Neutral citation: [2024] KECPT 211 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 165/E073 of 2022

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

March 7, 2024

Between

Paul Kibui Muchene

Claimant

and

Comoco Sacco Society Limited

Respondent

Judgment

Claimant’s Case 1. Claimant’s case is based on the following :a.Statement of Claim dated 16. 2.2022. b.Claimant Witness Statement dated 16. 2.2022. c.List of Documents dated 14. 12. 2022 and 16. 2.2022. d.Reply to Defence dated 22. 4.2022e.Claimant’s written submissions dated 25. 5.2023. In the Statement of Claim, the Claimant states that he was a member of the Respondent member No. 03611. He states that he resigned from the Respondent on 1. 4.2021 having saved Kshs. 163,643. 34/=. He avers that he has severally demanded his refunds to no avail. He has produced a witness statement in support of his case. Th Claimant has produced the following documents to prove his claim:a.Member Statement for the period 29th January 2021 to 23. 4.2021. b.A Notice Letter/ termination of membership dated 18. 3.2021c.A Demand Notice dated 21. 1.2022. In his Reply to Defence dated 22. 4.2022, the Claimant denies all the averments in the state of Defence.

2. In his written submissions the claimant restates his claim of Kshs.163,634. 34/= as contained in his Statement of Claim. He states that the Respondent was duly served with the notice to terminate membership sine his letter had a receiving stamp of the Respondent. the letter was received on 23. 3.2021 as per the date stamp.

3. As per the members statement filed in court he has demonstrated the following:a.As at 31. 3.2021, the Claimant had Kshs. 325,810. 51/- in his account with the Respondentb.As at 23. 4.2021, Kshs. 162,176. 17/= was deducted from the Claimant account leaving a balance of Kshs. 163,634. 34/=. This is the amount the Claimant is claiming.

Respondent’s Case 4. The Statement of Defence dated 28. 3.2022. In this statement the Respondent confirms that the Claimant was a member of the Respondent but denies the Kshs. 163,634. 34/= claim.The Respondent also denies ever receiving any notice to terminate membership from the Claimant.The Respondent has not filed any other evidence to defend this case.

Analysis 5. We note that the Claimant has produced adequate evidence to prove that he was a member of the Respondent and that the Respondent owes him the claimed amount of Kshs. 163,634. 34/=.The member’s statement filed in court is a document prepared by the Respondent.The Claimant has also demonstrated that he gave notice to terminate his membership followed by a Demand Notice from his advocate.We are of the opinion that the Claimant has adequately prosecuted his case.The Respondent has not appeared in the court hearings or mentions.The Respondent has not filed any evidence to disapprove the claim.The only document in the court file is the Statement of Defence dated 28. 3.2022 in which the Respondent denies all the averments by the Claimant without producing evidence to support such denial.The Respondent however prays for dismissal of the Claimant’s case without documentation of such prayers.

Conclusion 6. We find that the Claimant has adequately prosecuted his case. He has produced adequate documentation to prove his case.The Respondent has merely denied the claim without providing evidence for the denial.We therefore find that the Respondent owes the Claimant Kshs. 163,634. 34/= and order:a.A refund of Kshs. 163,634. 34/= to the Claimant.b.Cost and interest from date of filing claim.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 7TH DAY OF MARCH, 2024. Hon. Beatrice Kimemia Chairperson Signed 7. 3.2024Hon. Beatrice Sawe Member Signed 7. 3. 2024Hon. Fridah Lotuiya Member signed 7. 3.2024Hon. Philip Gichuki Member Signed 7. 3.2024Hon. Michael Chesikaw Member Signed 7. 3.2024Hon. Paul Aol Member Signed 7. 3.2024Tribunal Clerk JemimahGitau for ClaimantNo appearance for RespondentHon. Beatrice Kimemia Chairperson Signed 7. 3.2024