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Kezziah Kanini Muthara v Metropolitan National Society Sacco Ltd [2021] KECPT 26 (KLR)

[2021] KECPT 26 (KLR) Co-operative Tribunal
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Court
Co-operative Tribunal
Case number
26
Citation
[2021] KECPT 26 (KLR)
Decided
4 November 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeSavings and Credit CooperativesPostureAppeal from a decision of the Cooperative TribunalCoramHon. B. Kimemia, Hon. J. Mwatsama, Mr. Gitonga Kamiti, Mr. B. Akusala, Mr. P. Gichuki
Holding

The Claimant’s Statement of Claim dated 3rd March 2020 succeeds; Judgment be and is hereby entered for the Claimant, for Kshs. 309,650/= together with costs and interest at Tribunal rates.

Facts

The Claimant, Kezziah Kanini Muthara, withdrew from the Respondent, Metropolitan National Society Sacco Ltd, and requested a refund of her savings totaling Kshs. 309,650/=, but the Respondent refused the refund. The Claimant filed a Statement of Claim, and the Respondent admitted owing Kshs. 301,218/=. The remaining amount of Kshs. 8,432/ was contested.

Issues

  1. Whether the Claimant issued a proper Notice of withdrawal from the SACCO
  2. Whether the Respondent is entitled to a refund of Kshs. 309,650/=
  3. Whether the timeframe for refund issued by the Respondent is reasonable
  4. Who bears the costs of the suit

Reasoning

The Claimant issued a proper Notice of withdrawal from the SACCO. The Respondent admitted owing Kshs. 301,218/=. The remaining amount of Kshs. 8,432/ was contested.

Outcome

The Claimant wins the case and is awarded Kshs. 309,650/= together with costs and interest at Tribunal rates.

Orders

  • Judgment be and is hereby entered for the Claimant, for Kshs. 309,650/= together with costs and interest at Tribunal rates.

Remedies

  • Judgment for the Claimant for Kshs. 309,650/= together with costs and interest at Tribunal rates.

Authorities cited

Legislation (1)
  • Civil Procedure Rules 2010
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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