Everlyne Sabina Wafula &11; others v NHIF Savings & Credit Co-operative Society Ltd [2021] KEBPRT 23 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 23
- Citation
- [2021] KEBPRT 23 (KLR)
AI Summary
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TypeSavings and Credit Cooperative DisputePostureAppeal from a previous judgmentCoramHon. B. Kimemia, Hon. J. Mwatsama, Mr. Gitonga Kamiti, Mr. B. Akusala, Mr. P. Gichuki
Holding
The Claimants’ Statement of Claim succeeds, and the Respondent is ordered to pay the Claimants a sum of 5,365,167/= together with costs and interest at Tribunal rates.
Facts
The Claimants issued notices of withdrawal from the Respondent SACCO and sought a refund of their savings, totaling Kshs. 5,365,167/=, but the Respondent refused to refund.
Issues
- Whether the Claimants issued a proper Notice of withdrawal from the SACCO
- Whether the Respondent is entitled to a refund of 5,365,167/=
Reasoning
The Claimants properly withdrew from the SACCO, and the Respondent admitted owing the Claimants 5,365,167/=, less Kshs. 225,500/=. The Respondent's argument about non-refundable share capital was not supported.
Outcome
Appeal upheld, Respondent ordered to pay Claimants 5,365,167/=
Orders
- Judgment be and is hereby entered for the Claimants, for a sum of 5,365,167/= together with costs and interest at Tribunal rates.
Remedies
- Payment of 5,365,167/= to the Claimants
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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