Ngesa v Metropolitan National Sacco Limited (Tribunal Case E636 of 2024) [2025] KECOPT 573 (KLR) (11 December 2025) (Judgment)
- Court
- Copyright Tribunal
- Case number
- 573
- Citation
- [2025] KECOPT 573 (KLR)
- Decided
- 11 December 2025
The Tribunal finds that the Claimant has established his claim and the Respondent has admitted the claim with clear calculations. Judgment is entered in favor of the Claimant for Kshs. 72,497 plus interest, and the cost of the suit is borne by the Respondent.
Facts
The Claimant, Felix Ngesa, was a member of Metropolitan National Sacco Limited and had made monthly deposits totaling Kshs. 82,497. He requested a refund of his shares and deposits, but the Respondent denied the claim citing a resolution from an Annual General Meeting (AGM) of 2022 that suspended refunds.
Issues
- Whether the Claimant has established that he warrants an order for refund of his deposit.
- Who should bear the cost of this suit?
Reasoning
The Tribunal dismissed the Respondent's argument based on the 2022 resolution, noting that the resolution was not registered and that the Respondent did not provide evidence of the registration. The Tribunal also found that the Respondent did not demonstrate any loan arrears or guarantee for any member.
Outcome
Judgment in favor of the Claimant for Kshs. 72,497 plus interest, and the cost of the suit is borne by the Respondent.
Orders
- Judgment in favor of the Claimant for Kshs. 72,497 plus interest.
- Order that the cost of the suit shall be borne by the Respondent.
Remedies
- Refund of Kshs. 72,497 plus interest.
- Bearing the cost of the suit.
Authorities cited
Legislation (2)
- Cooperative Societies Act, Section 8 (2) and (3)
- Cooperative Society’s Act, Rules and Respondents by-laws
Cases cited (2)
- Guardian Bank Limited versus Jambo Biscuits (K) Limited (2014) eKLR
- 747 Freighter Conversion LLC versus One Jet Airways Kenya Limited and 3 others (2025) eKLR
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