REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO.178 OF 2020
BENSON OUMA OLUGA.............................................................................CLAIMANT
VERSUS
YES SACCO SOCIETY LIMITED.......................................................RESPONDENT
JUDGMENT
The Claimant’s claim as per so claim dated 4.3.2020 filed on 14.7.2020 seeking a refund of Kshs. 180,055/= being savings/monthly contributions plus costs and interest in the suit.
The Respondent filed a Defence on 26.8.2020 which indicated that the Claimant’s savings were Kshs.165,055/= since Kshs. 15000/= was the Share Capital which is not refundable.
The matter was ordered on 11.6.2021 to be dispensed with by way of written submissions since this is a claim for refund of savings and there were no attaching liabilities in the form of loans or guarantorship as confirmed by the Respondent’s Advocate. The Respondent had not complied to the order of 11.6.2021 when the matter came up for mention on 5.7.2021. The Claimant filed their written submissions on 2.7.2021.
We have carefully considered the documents on record, the pleadings and the Written Submissions. The Respondent admitted Kshs.165,055/- and disputed Kshs.15000/= as non- refundable constituting the Share Capital. We note that the nature of Co-operative Societies, there are some funds, that is, the Share Capital which is non-refundable.
We therefore enter judgment for Kshs.165,055/= plus costs and interest in the suit from the date of filing suit.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 2ND DAY OF SEPTEMBER, 2021.
HON. B. KIMEMIA CHAIRPERSON SIGNED 2.9.2021
HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 2.9.2021
MR. GITONGA KAMITI MEMBER SIGNED 2.9.2021
MR. B. AKUSALA MEMBER SIGNED 2.9.2021
TRIBUNAL CLERK R. LEWERI
Mbuthia Advocate for Respondent: Present
Mwanzia Advocate for Claimant: Present
HON. B. KIMEMIA CHAIRPERSON SIGNED 2.9.2021
Mbuthia Advocate for Respondent: We pray for 30 days stay of Execution
Mwanzia Advocate for Claimant: No objection
Order: 30 days stay of Execution granted.
HON. B. KIMEMIA CHAIRPERSON SIGNED 2.9.2021