Muli v Mwala Solidarity Fund for Development Sacco Limited & 4 others [2023] KECPT 453 (KLR)

Muli v Mwala Solidarity Fund for Development Sacco Limited & 4 others (Tribunal Case 744 of 2019) [2023] KECPT 453 (KLR) (Civ) (27 April 2023) (Judgment)

Neutral citation: [2023] KECPT 453 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 744 of 2019

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

April 27, 2023

Between

Mutio Mutiso Muli

Claimant

and

Mwala Solidarity Fund for Development Sacco Limited & 4 others

Respondent

Judgment

Claimant’s Case 1. This claim was instituted by way of a Statement of Claim dated August 14, 2019 and filed on December 10, 2019. The Claimant was a member of the 1st Respondent holder of Acc No P/00788/12. The Claimant avers that due to mismanagement of the 1st Respondent, he lost Kshs 106,371/= which was her savings since 2011. The Claimant states that the Respondents have refused to refund him the shares. The Claimant prays the court for the following:a.Payment of Kshs 106,371/=b.Costs of this suit.c.Interest on a and b above at court rates; andd.Any such other or further relief as this Honourable court may deem fit and just to grant.

Respondent’s Case 2. In their Defence, the Respondents denies paragraph 10 of Claimant statement arguing that the Claimant has never been a Cooperative member.

3. They allege the Claimant delayed the investigations by refusing to write a statement with the police. The Respondents in paragraph 6 of their Defence have accepted owing the Plaintiff but claim the Sacco is short of funds. As at the date of writing this judgment, the Respondent had not filed their written submissions.

Issues of determination 4. The following are the issues that this Tribunal finds necessary for determination:

Issue one: Whether the claimant is entitled for a refund of Kshs 106,371/= Analysis of Issuesa.Payment of Kshs 106,371/= to the Claimant.The Claimant has proved through payment receipts produced in court that she was a contributor to the Sacco. 1st Respondent letter to the Claimant’s advocate dated June 26, 2019 alludes to the Claimant’s position of Kshs 106,371/= claim.We find that the Claimant has filed adequate evidence to support her claim of Kshs 106,371/= from the 1st Respondent which include claimant’s List of Documents dated August 14, 2019;a.Copy of identity cardb.Payment receiptsc.Income statement for the year ended December 31, 2012 and December 31, 2013d.Balance sheet as at December 31, 2013e.Receipt book extracts showing deposits by the plaintiff.f.Copy of the plaintiff’s passbook.g.Demand letter dated June 17, 2019h.Letters dated June 26, 2019 from the Sacco.i.Any other document that may arise later.

5. It is also on record that the Respondents did not file their submissions as directed by the court on 22/7/2022.

6. The Respondent has failed to furnish proof of their Statement of Defence. We thus find that the Claimant is entitled to her claim of: a. Kshs 106,371/=b.Cost of this suit.

Ordersa.Claimant’s Statement of Claim dated 14/8/2019 succeeds.b.Judgment be and hereby entered for the claimant for Ksh. 106,371/= together with costs and interest at court rates.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF APRIL, 2023. Hon. Beatrice Kimemia Chairperson Signed 27. 4.2023Hon. J. Mwatsama Deputy Chairperson Signed 27. 4.2023Hon. Beatrice Sawe Member Signed 27. 4.2023Hon. Fridah Lotuiya Member Signed 27. 4.2023Hon. Philip Gichuki Member Signed 27. 4.2023Hon. Michael Chesikaw Member Signed 27. 4.2023Hon. Paul Aoi Member Signed 27. 4.2023Tribunal Clerk Jemimah/JonahKavita advocate for the Claimant.Hon. J. Mwatsama Deputy Chairperson Signed 27. 4.2023