Muriiu v Nyati Sacco Society Ltd [2023] KECPT 52 (KLR)

Muriiu v Nyati Sacco Society Ltd (Tribunal Case 298 of 2019) [2023] KECPT 52 (KLR) (Civ) (23 February 2023) (Judgment)

Neutral citation: [2023] KECPT 52 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 298 of 2019

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

February 23, 2023

Between

Zachary Mwangi Muriiu

Claimant

and

Nyati Sacco Society Ltd

Respondent

Judgment

1. The Amended Statement of Claim by Claimant filed on September 20, 2021 is for determination. The Claimant avers Respondent invested the members deducted contributions and purchased a building worth 12,000,000. 00 and used 8,000,000. 00 for renovation cost in the year 1996/1997. The house is named Nyati house in South B. The Claimant avers he is a member of Respondent and his membership was No 9612 and new members was 21590. The Claimant claim is seeking for orders that;a)That, the Claimant be issued with a share certificate of ownership of Nyati House.b)That, the Respondent be ordered to identify the Claimant herein as the bonafide member who contributed to the buying of Nyati House Building.c)That, the Respondent be ordered to pay the profit and interest that has generated from Nyati House Building since, 1996 ti date approximated at Ksh 2,000,000. 00 (the Respondent can give the actual figure)d)Cost of the claim.

2. The Respondent did not enter appearance and default judgment entered on November 13, 2019. Matter came for formal proof on November 11, 22. Claimant adopted her witness statement dated July 25, 2022 as his evidence in chief.He stated Respondent were to pay dividends of 30% every month and he wanted to be included in management of building.

3. IssuesThe issues for determination is whether Claimant is entitled to proceeds out of Nyati House?The Claimant claims he is a member of Respondent Society and the Society used their funds in purchase of Nyati House in South B. The Respondent despite service did not enter appearance to defend the claim.The Claimant has no records nor documents to show that the purchase of the said Nyati House was bought using their funds.No records to show dividends were paid to its members.The Claimant claims when they asked for their dividends the Managers of G4S sacked them.The Claimant’s evidence is not denied that he was indeed a member of Respondent. What is in issue is their ownership of the Nyati House?With no documentation or evidence of divided payment.We find;a.Claimant is a bonafide member of Respondent however his claim is not supported thus dismissed with no orders as to costs.b.Claim dismissed no orders as to claim.

Judgment, Read and Delivered virtually on 23rd February, 2023. Hon Mjeni Mwatsama D/Chairperson Signed 23. 2.2023Gitonga Kamiti Member Signed 23. 2.2023M. Mbeneka Member Signed 23. 2.2023In the presenceNo Appearance by ClaimantWambua Advocate for RespondentSignedHon. Mjeni MwatsamaDeputy Chairperson23/2/2023