Ngugi v Metropolitan Nation Sacco Limited [2024] KECPT 1500 (KLR)

Ngugi v Metropolitan Nation Sacco Limited (Tribunal Case 35/E056 of 2023) [2024] KECPT 1500 (KLR) (26 September 2024) (Judgment)

Neutral citation: [2024] KECPT 1500 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 35/E056 of 2023

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

September 26, 2024

Between

Alice W Ngugi

Claimant

and

Metropolitan Nation Sacco Limited

Respondent

Judgment

Claimant’s Case 1. The Claimant’s case is based on the Statement of Claim dated 3/2/2023, Claimant’s Written Statement of 6/1/2022 and her documents dated 3/2/2023. Being a share refund, this Court in 20/11/2023 directed that the matter be dispensed off by way of Written Submissions.

2. In her Statement of Claim, the Claimant states that she was a member of the Respondent. She avers that she personally delivered her withdrawal letter on 21/7/2022 to the Respondent’s offices.She sates that she has not been refunded her Kshs. 546,000/= in form of deposits despite the Notice of Intention to Sue.

3. In her Written Statement, the Claimant restates the same position as contained in her claim. She states that she prays this court to compel the Respondent refund her deposits of Kshs. 546,000/= with costs and interest.The Claimant has filed her withdrawal letter to the Respondent dated 21/7/2022. At the time of writing this judgement, the Claimant had not filed Written Submissions as directed by this Court on 20/11/2023.

Respondent’s Case. 4. The Respondent’s case is based in the Statement of Defence dated 6/3/2023. The Respondent denies clause 4 of the Statement of Claim, stating that they have not received the Notice of Withdrawal. The Respondent also denies there was no demand intention to issue by the Claimant.

5. The Respondent admits that the Claimant was a former member. The Respondent avers that they are bound by a 2019 Annual General Meeting resolution wherein the Respondent was to use a schedule on a first come first serve basis and further to reschedule refunds after two years due to liquidity challenges faced by the Respondent.The Respondent further states that the Claimant refund has to be put in abeyance in accordance with the 2022 Annual General Meeting resolutions.At the time of writing this judgement, the Respondent had not filed its Written Submissions as directed by the Court on 20/1/2023.

Analysis. 6. The Claimant has proved that she was a member of the Respondent.On the claim amount of Kshs. 546,000/=, the Respondent has not denied this figure. The Respondent only denies that there was a demand notice and Notice of Withdrawal. The Claimant has filed a share refund notice of 21/7/2022 as evidenced in the Claim.

7. The Respondent in point number 11 of his Defence, alludes to the Claimant having savings with the Co-operative Society. We observe that the Claimant has not filed her member statement to prove the amount claimed from the Respondent.We observe that claim amount is not denied by the Respondent.As such, on a balance of probability, we are inclined to agree with the Claimant that she was a member of the Respondent as admitted by the Respondent.Further, she has submitted via letter she has contributed Kshs. 546,000/= to the Respondent.

8. We note there is no further evidence from the Claimant on the said amount.Not being able to ascertain the figure with the Respondent having failed to file the Claimant’s Statement of Accounts.We direct the Claimant to file the pay slips evidencing deduction within 14 days herein.

JUDGMENTSIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF SEPTEMBER, 2024. Hon. B. Kimemia Chairperson Signed 26. 9.2024Hon. J. Mwatsama Deputy Chairperson Signed 26. 9.2024Hon. Beatrice Sawe Member Signed 26. 9.2024Hon. Fridah Lotuiya Member Signed 26. 9.2024Hon. Philip Gichuki Member Signed 26. 9.2024Hon. Michael Chesikaw Member Signed 26. 9.2024Hon. Paul Aol Member Signed 26. 9.2024Tribunal Clerk MutaiAlice Ngugi – PresentMetropolitan Sacco- No appearanceHon. J. Mwatsama Deputy Chairperson Signed 26. 9.2024