Sarah Busolo v Butali Savings and Credit Co-operative Society Limited [2020] KECPT 71 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 71
- Citation
- [2020] KECPT 71 (KLR)
The court finds that the claimant is entitled to refund of Kshs.152,000/=. The claimant is also liable to pay Kshs.258,615/=. The court orders for the refund to be recovered from her deposits and any other outstanding amount to be recovered from her personally.
Facts
Claimant Sarah Busolo was a founding member of Butali Savings and Credit Co-operative Society Limited. She was the treasurer and was removed in 2015. She claimed a refund of Kshs.152,000/-, while the respondent claimed Kshs.251,633/=. The claimant denied liability and alleged unverified cash, while the respondent argued that the claimant was not entitled to refund until she ceased to be a member.
Issues
- Claimant's entitlement to refund of deposits
- Claimant's liability to the respondent for counterclaim
Reasoning
The court found that the claimant's letter dated 29.6.2017 was a notice of withdrawal from the society, and she ceased to be a member after 60 days. The court also found that the process leading to the surcharge of officials was fair, except for the claimant.
Outcome
Claimant wins, receives Kshs.152,000/=
Orders
- Refund of Kshs.152,000/=
Remedies
- Recovery of Kshs.258,615/=
Authorities cited
Legislation (1)
- Section 73 of Cap 490
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