Njuguna v Banana Hill Matatu Sacco Society Limited [2022] KECPT 239 (KLR)

Njuguna v Banana Hill Matatu Sacco Society Limited (Tribunal Case 610 of 2018) [2022] KECPT 239 (KLR) (26 May 2022) (Judgment)

Neutral citation: [2022] KECPT 239 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 610 of 2018

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

May 26, 2022

Between

David Chogi Njuguna

Claimant

and

Banana Hill Matatu Sacco Society Limited

Respondent

Judgment

1. The claim 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 and made contribution. That sometimes in November 2014 he withdrew from respondent and has not been refunded.The claimant thus prays for:a.Respondent pays Kshs 180,005/= 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.

2. The respondent filed a respondent’s response to the claim dated January 16, 2019 filed on January 25, 2019. The response is full of mere denials as it were and respondent stated claimant is an imposter and did not have record to prove his claim.The respondent filed their defence statements and documents as per their list of documents stated July 28, 2019 and claimant supplementary list of documents dated August 10, 2019 filed on August 14, 2020.

3. The matter proceeded for trial on February 24, 2022 in the absence of respondent despite service they did not present themselves.CW2 the claimant David Njuguna adopted his witness statement dated October 27, 2018 filed on November 20, 2018 as his evidence- in -chief.He produced his list of documents which was marked CEX1-3. Having considered the statement of claim, evidence as adduced, documents produced as evidence and respondent’s defence and documents. The issue for determination is one.

Issue One Whether The Claimant Is Entitled To Refund Of His SharesThe claimant while testifying stated he is a member of respondent and withdrew his membership.CEX 2 statement of account dated September 9, 2017 shows claimant as member number 0859 and statement of account shows claimant had contributions worth Kshs 180,005. 50/=.The respondent did not dispute this other than mere denials.The respondent did not participate in the hearing and thus did not advance their case.We further note the demand letter dated April 11, 2018 from the claimant’ s advocate received by the respondent on April 12, 2018. The supplementary list of document dated August 10, 2019 filed on August 14, 2020 was for an order staying proceedings which the current claimant is not part of it.

4. We find that the claimant has proved his case and thus find in favour of claimant against respondent for Kshs 180,005/= plus cost and interest in the suit.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 …………………