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George Morara Ntabo v NHIF Savings & Credit Society Limited [2021] KECPT 508 (KLR)

[2021] KECPT 508 (KLR) Co-operative Tribunal
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Court
Co-operative Tribunal
Case number
508
Citation
[2021] KECPT 508 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeRefund of DepositsPostureAppeal from a decision of the Co-operative TribunalCoramHon. B. Kimemia Chairperson, Mr. P. Gichuki Member, Mr. B. Akusala Member
Holding

The Court finds that the Claimant is not entitled to Kshs.20,500/= as share capital, but the remaining Kshs.44,500/= is refundable.

Facts

The Claimant, George Morara Ntabo, was a member of NHIF Savings & Credit Society Limited. He requested a refund of Kshs.65,000/=, which included his share capital and accrued dividends. He sent a letter expressing his intention to withdraw on 14.6.2017 and a demand letter on 13.8.2018. The Respondent acknowledged his intention but did not process the refund within the required period.

Issues

  1. Whether the Claimant has established a proper basis to warrant an order for refund of Kshs.65,000/=.
  2. Who should meet the costs of the claim.

Reasoning

Shares are non-refundable, but the remaining amount is refundable as the Claimant did not deny owing it.

Outcome

The Court orders the Respondent to refund Kshs.44,500/= to the Claimant.

Orders

  • Judgment in this claim is entered against the Respondent for Kshs. 44,500/= plus interest and costs at court rates.

Remedies

  • Refund of Kshs.44,500/= to the Claimant.

Authorities cited

Cases cited (2)
  • Patrick Meeme Lunge –vs- NHIF Sacco Society Limited [2019]eKLR
  • Muriithi Mumeu –vs- NHIF Sacco Society Limited [2019]eKLR
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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