Ndichu v Banana Hill Matatu Sacco Society Limited [2022] KECPT 215 (KLR)

Ndichu v Banana Hill Matatu Sacco Society Limited (Tribunal Case 613 of 2018) [2022] KECPT 215 (KLR) (Civ) (26 May 2022) (Judgment)

Neutral citation: [2022] KECPT 215 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 613 of 2018

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

May 26, 2022

Between

Rachael Nyambura Ndichu

Claimant

and

Banana Hill Matatu Sacco Society Limited

Respondent

Judgment

1. The matter for determination is vide the Statement of Claim dated October 27, 2018 filed on November 20 2018. The claimant states she was a member of the respondent and made contributions. In the matter of November 2014. She withdrew from the respondent and the respondent have not refunded her.The claimants claim is for:a.Respondent pays Kshs 32,122/= 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 years.c.Dividends that were issued in 2014 but ploughed back.d.Costs of this claime.Interests on a, b and c above.The claimant further filed list of documents dated October 27, 2018 and attached:1. Demand letter dated April 11, 2018. 2.Copy of the receipt printed on September 14, 20173. Copy of letter dated November 17, 2017

2. The Respondent filed a response to the claim dated January 16, 2019 filed on…….The response as it were is full of mere denials and respondent only states claimant is an imposter and does not have records to prove her claim.The respondent further filed the defendant Defence Statement by Simon Ngigi Matheri the chairman and list of documents dated July 26, 2019 filed July 31, 2019 and documents included:a.Minutesb.Report of interimc.Minutes of Special General Meeting.The respondent’s further filed list of documents dated August 10, 2020.

3. The matter proceeded for hearing on February 24, 2022 and respondent did not attend the hearing despite proof of service. Claimant CW1 adopted her Witness Statement dated October 27, 2018 filed on November 20, 2018 as her evidence – in- chief and further produced the documents in her list of documents as CEX 1-3. In absence of respondent to defend the claim we are convinced the claimant was a member of the respondent and by her CEX. 2 Statement of Account indicates she had contributed Kshs 31,422/= as per the Statement of Account dated September 14, 2017. She was a member No 0827 from the statement. The respondent therefore cannot deny her membership on her contributions as at that time.

4. The tribunal took into consideration the respondent’s defence and documents and have no relation in defending the claim herein. The further list of documents dated August 10, 2020 filed on August 14, 2020 by the respondent referring to CTC. 494/2017 where there stay proceedings we have confirmed and the claimant is not part of the claimant’s therein and the case to proceed.

5. In light of the above we find in favour of claimant against respondent for Kshs 31,421/= plus costs and interests.Prayer for dividend 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 .....................