Wachira v Ufundi Co-op.Savings & Credit Society [2022] KECPT 155 (KLR)

Wachira v Ufundi Co-op.Savings & Credit Society (Tribunal Case 517 of 2019) [2022] KECPT 155 (KLR) (Civ) (17 February 2022) (Judgment)

Neutral citation: [2022] KECPT 155 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Civil

Tribunal Case 517 of 2019

M Mwatsama, Vice Chair

February 17, 2022

Between

Ezekiel Kingori Wachira

Claimant

and

Ufundi Co-op.Savings & Credit Society

Respondent

Judgment

1. The claim for determination is dated July 17, 2019 by the claimant filed on September 11, 2019. The claimant seeks for;-a)Refund of Kshs 218,700;b)Interest on (a) above at court rates from 10. 12. 2018 until payment in full;c)Costs of the claim; andd)Any other or such other relief this Honourable Tribunal may deem fit and just to grant.The claimant avers that at all material times he was a member of the respondent vide membership No 4962 and during his time he contributed Kshs 218,700. 00. 00. On September 3, 2018 the claimant gave respondent his intention to cease from being a member in compliance with respondent regulations.The notifications to cease from being a member was received by respondent on 8/9/18 but to date no refund has been forthcoming.

2. The respondent on the other hand filed a reply to the statement of claim dated October 15, 2019 and filed on 16/10/19. The said reply to the statement of claim denied that only claimant the claimant he alleged amount of Kshs 218,700. 00 and the claim as a whole.The Tribunal directed for parties to file written submissions to dispose of the claim on 28/7/21. The respondent were further ordered to file statment of account of the claimant.The respondent filed list of documents dated 22/9/21 to which they attached the statement of account of the claimant as at 16/9/21. claimant filed their written submissions dated 5/10/21 and filed on 18/10/21. The respondent did not file any written submissions as at the time of the judgment having intimated they shall not file written submissions.

3. The issues for consideration and at hand are; Issue OneWhether the respondent is indebted to the claimant and how much is owing?The claimant through its submissions and documents has evidenced he was a member of the Respondent as per his withdrawal letter dated 3/9/18 and received by the respondent Society. The respondent responded to the letter, in essence acknowledging membership and contribution by the claimant.The contention is on the amount refundable to the claimant.It is not in dispute the claimant made deposits to the respondent. Having gone through the claimant’s documents produced as evidence in his list of documents dated 17/7/19. Based on these documents we are satisfied of the claimant membership and deposits made.The statement of defence and or reply to the statement of claim is full of more denials and have not defended the claim as should be the case.We take into consideration the statement of account and same shall be considered.The claimant have not rebutted the statement of account as filed by the respondent.

4. To this end we find the claimant has proved his case on a balance of probability and is entitled to relief sought.We thus find in favour of Claimant and enter judgment against the respondent for Kshs 206,500. 00 plus costs and interests of the suit.

SignedDeputy Chairperson13. 1.22In the presenceIrungu for the ClaimantGitonga Murimi for the Respondent – No AppearanceSignedHon. Mjeni MwatsamaDeputy Chairperson17/2/22