Ogutu v Metropolitan Sacco Society Ltd [2023] KECPT 1087 (KLR)

Ogutu v Metropolitan Sacco Society Ltd (Tribunal Case 953/ E1024 of 2022) [2023] KECPT 1087 (KLR) (14 December 2023) (Judgment)

Neutral citation: [2023] KECPT 1087 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 953/ E1024 of 2022

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

December 14, 2023

Between

Milicent Akinyi Ogutu

Claimant

and

Metropolitan Sacco Society Ltd

Respondent

Judgment

1. The Claimant’s case is built from her Statement of Claim dated 7/12/2022, the Claimant Witness Statement and Documents dated and filed on 7/12/2022 and the Claimant’s Submissions dated 1/11/2023. In the Statement of Claim, the Claimant is Claiming Kshs. 668,293. 75/=In their Written Submissions, the Claimant stated that the Claimant was a member of the Respondent and did monthly contributions. The Submissions aver that the issue of determination is the Claim of Kshs. 668,293. 75/= as per the Statement of Claim.

2. The Claimant in the Submissions challenges the legality of the Annual General Meeting resolution to defer shares refunds.The Claimant has filed pay slips for March 2022 to prove that shares were deducted in favour of the Respondent long after the Claimant had given her Notice of Withdrawal from the Respondent dated 9/11/2021.

3. The same Pay Slips of March, 2022 reflects a cumulative figure of Kshs. 668,293. 75/= a figure that corresponds with the Claim figure.The Claimant has also filed a member statement vide her Bundle of Documents as prove to her claim.

Respondent’s Case. 4. The Respondent’s case is contained in the Statement of Defence dated 19. 12. 2022 wherein the Defence, the Sacco is challenging the Claimant to prove the Claim.He asserts that the Claimant is bound by the by-laws and Annual General Meeting resolutions and asserts that the Claimant should abide by the refund schedule agreed in the Annual General Meeting of May, 2022 which temporarily stopped the refunds.The Respondent stated that the share refunds should be but in abeyance as per the May, 2022 Annual General Meeting.

Findings. 5. We find that the Claimant has filed sufficient documents to prove her claim. The Pay slip is an adequate document to proof her claim. The pay slip is an adequate document to proof were effected, and funds received by the Respondent.The Respondent despite challenging the claimed figure has not adequately challenged the figure.His argument is that the Claimant should prove the Claim figure and also abide by the May, 2022 resolution to defer refunds. The Respondent has not challenged the pay slip or the member statement produced in court by the Claimant.

Conclusion. 6. We find that the claim has merit and we award in favor of the Claimant against the Respondent for Kshs, 668,293. 75/= plus costs and interest at the Tribunal rates from the date of filing the Claim.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 14TH DAY OF DECEMBER, 2023. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 14. 12. 2023HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 14. 12. 2023HON. BEATRICE SAWE MEMBER SIGNED 14. 12. 2023HON. FRIDAH LOTUIYA MEMBER SIGNED 14. 12. 2023HON. PHILIP GICHUKI MEMBER SIGNED 14. 12. 2023HON. MICHAEL CHESIKAW MEMBER SIGNED 14. 12. 2023HON. PAUL AOL MEMBER SIGNED 14. 12. 2023Tribunal Clerk JonahMillicent Akinyi - PresentKorir advocate for the RespondentKorir advocate – We pray for 30 days stay of executionMillicent Akinyi- I do not agreeTribunal orders:Respondent granted 21 days stay of execution.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 14. 12. 2023