Mwangi v Banana Hill Matatu Sacco Society Limited [2022] KECPT 212 (KLR)

Mwangi v Banana Hill Matatu Sacco Society Limited (Tribunal Case 611 of 2018) [2022] KECPT 212 (KLR) (Civ) (26 May 2022) (Judgment)

Neutral citation: [2022] KECPT 212 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 611 of 2018

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

May 26, 2022

Between

John Muchina Mwangi

Claimant

and

Banana Hill Matatu Sacco Society Limited

Respondent

Judgment

1. The matter for determination is brought vide a statement of claim dated October 27, 2018 filed on November 20, 2018. The claimant states he was a member of the respondent – Banana Hills Matatu Sacco until November 2014. He made monthly contributions and upon withdrawing from the respondent, the respondent has failed to refund his contribution.The claimant therefore seeks for:a.Respondent pays Kshs 69,459/= together with interest.b.That the shares held by the claimant in the respondent’s cooperative society be liquidated and paid to the claimant together with the dividends accrued over the yearsc.Dividends that were issued in 2014 but ploughed back.d.Costs of this claime.Interests on a, b and c above.f.Any other or further relief that this tribunal may deem fit to grant.Together with the statement of claim the claimant attached his demand letter CWEX1, Statement of account CEX 2 dated September 16, 2017- showing he had shares of Kshs 69,459/=

2. The respondent filed a response to the claim dated January 16, 2019 filed on January 25, 2020. The same dated the claim by claimant and further stated the claimant is an imposter and has no records to show in his favour the claim being made.They requested for the claim to be dismissed.The respondent filed a witness statement by the current respondent chairman dated July 26, 2019 filed on July 31, 2019 and list of documents dated July 26, 2019 which included:a.Minutes of annual general meeting held on April 25, 2015b.Report of interim committee dated July 25, 2015c.Minutes of special general meeting held on August 28, 2015. A further list of documents was filed dated August 10, 2020 on August 14, 2020. A court order dated June 30, 2020 for CTC No 494 of 2017.

3. The case proceeded for hearing on February 24, 2022 with claimant testifying. CW1 adopted his witness statement dated October 27, 2018 on November 20, 2018 as evidence – in- chief.He produced his bundle of documents and marked as CEX 1-3. He wished to get a refund of his shares.The claimant closed their case and did not wish to file any written submissions.The issue to be determined is one whether the claimant was a member of respondent and how much contribution had he made.It is clear that the claimant was a member of the respondent more so by the statement of account that he had from respondent.Statement of account marked CEX 2 clearly shows he was a member number/under payroll number 1585 and had Kshs 69,459/=.The Respondent on the other hand have simply denied the claim.We take into consideration the defence by respondent and so their further list of documents dated August 10, 2020 filed on August 14, 2020. Where there is an order staying proceedings in which the claimant herein is not part of the matters that proceedings were stayed.There is no proof of dividends produced by claimant to confirm the said was paid.

4. To this end we therefore find in favour of claimant against respondent for Kshs 325,467/= plus cost and interests.Prayer for dividends and its interest fails.

Judgment signed, dated and delivered at Nairobi Virtually this 26th day of May, 2022. Hon. J. Mwatsama Deputy Chairperson ……………………….Mr. P. Gichuki Member ………………………Mr. B. Akusala Member …………………………Tribunal Clerk …………………