Nyangweso v Mawasiliano Sacco Limited [2024] KECPT 1158 (KLR) | Refund Of Shares | Esheria

Nyangweso v Mawasiliano Sacco Limited [2024] KECPT 1158 (KLR)

Full Case Text

Nyangweso v Mawasiliano Sacco Limited (Tribunal Case 490 of 2009) [2024] KECPT 1158 (KLR) (25 July 2024) (Judgment)

Neutral citation: [2024] KECPT 1158 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 490 of 2009

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

July 25, 2024

Between

Onsando Nyangweso

Claimant

and

Mawasiliano Sacco Limited

Respondent

Judgment

1. The Claimant’s claim is for a refund of Kshs. 118,600/= plus interest and costs as per the Statement of Account dated 16. 12. 2009. The Respondent filed a Defence dated 30. 12. 2009 denying the claim .

2. The matter has come up on several occasions and the Respondent has never appeared in the Tribunal since the matter first came up on 17. 2.2010 and 27. 4.2010. thereafter the matter was fixed for mention on 9. 2.2023 and the Claimant had not moved the Tribunal but instead wrote a letter to the ombudsman dated 11. 6.2022 complaining about the matter.

3. We note that since the matter was in court in the year 2010, there had been no action taken by the Claimant until the Tribunal received the said letter and the matter was fixed for hearing.

4. The matter proceeded for hearing on 11. 6.2024 and produced 2 documents – Pay-slip for January 2008 showing shares of Kshs. 118,600/= and the retrenchment letter dated 8. 2.2008.

5. We find that the Claimant has proved the claim on a balance of probabilities and enter judgment in favour of the Claimant for Kshs. 118,600/= plus costs and interest in the claim at Tribunal rates from the date of filing claim. Respondents Defence is accordingly struck out.

JUDGMENTSIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 25TH DAY OF JULY, 2024. HON. B. KIMEMIA - CHAIRPERSON SIGNED 25. 7.2024HON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 25. 7.2024HON. BEATRICE SAWE - MEMBER SIGNED 25. 7.2024HON. FRIDAH LOTUIYA - MEMBER SIGNED 25. 7.2024HON. PHILIP GICHUKI - MEMBER SIGNED 25. 7.2024HON. MICHAEL CHESIKAW - MEMBER SIGNED 25. 7.2024HON. PAUL AOL - MEMBER SIGNED 25. 7.2024Tribunal Clerk JemimahOnsando Nyangweso Claimant- PresentNo appearance for RespondentHon. B. Kimemia - Chairperson Signed 25. 7.2024