Merceline Mulili Muema v Kwetu Sacco Society Limited [2020] KECPT 88 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 88
- Citation
- [2020] KECPT 88 (KLR)
- Decided
- 30 April 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent's case denied membership and indebtedness; Claimant sought refund of Ksh. 159,200 and costs.
Holding
The Claimant is found to be a member of the Respondent and the Respondent is ordered to refund the Ksh. 159,200 to the Claimant.
Facts
Claimant was a member of Kwetu Sacco Society Limited and contributed Ksh. 159,200 as of September 2017. She withdrew her membership in September 2017 and demanded a refund of her shares. The Respondent did not process her refund.
Issues
- Whether the Respondent is truly indebted to the Claimant to the tune of Ksh. 159,200 and if so, whether it should be ordered to refund
- Who should bear the cost of the suit
Reasoning
The Claimant's documents, including a payslip and a letter of withdrawal, are sufficient to establish her membership and contribution. The Respondent's failure to process the refund after the notice period is a breach of its by-laws.
Outcome
Claimant wins
Orders
- Respondent to refund Ksh. 159,200 to the Claimant
Remedies
- Refund of Ksh. 159,200
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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