Ernest Adenyo Ajiki v Taraji Sacco Society Limited [2021] KECPT 590 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 590
- Citation
- [2021] KECPT 590 (KLR)
- Decided
- 4 March 2021
The Tribunal finds that the Claimant has established his case in a balance of probability and enters judgment against the Respondent for Kshs. 330,000/= being outstanding deposits and Kshs. 29,250/= being deductions towards risk fund.
Facts
The Claimant, Ernest Adenyo Ajiki, is seeking a refund of Kshs.451,850/= from the Respondent, Taraji Sacco Society Limited, for unpaid share contributions and other monies. The Respondent claims the Claimant's cumulative outstanding deposit is Kshs.330,600/=. The most recent statement shows the outstanding deposits as Kshs.330,600/=. The Claimant disputes the Respondent's claim and argues for a refund of Kshs.4000/= as share capital and Kshs.5000/= as contributions relating to the plaza, and the risk fund.
Issues
- Whether the Respondent owes the Claimant money and it so to what extent
- Who should meet the costs of the claim?
Reasoning
The Tribunal considers the most recent statement of account and finds the Claimant's cumulative outstanding deposits to be Kshs.330,600/=. The Tribunal agrees with the Claimant on the refund of Kshs.4000/= as share capital and Kshs.5000/= as contributions relating to the plaza, and the risk fund.
Outcome
The Respondent is ordered to pay the Claimant Kshs. 359,850/=, including costs and interest at court rates.
Orders
- Kshs. 330,000/= being outstanding deposits
- Kshs. 29,250/= being deductions towards risk fund
Remedies
- Refund of Kshs. 359,850/= including costs and interest at court rates
Loading judgment…