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Mbugua v Transcom Sacco Limited (Tribunal Case 98 of 2018) [2022] KECPT 161 (KLR) (Civ) (17 February 2022) (Judgment)

[2022] KECPT 161 (KLR) Co-operative Tribunal
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Court
Co-operative Tribunal
Case number
161
Citation
[2022] KECPT 161 (KLR)
Decided
17 February 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a civil judgmentCoramP. GICHUKI, B. AKUSALA
Holding

The court finds the claimant has proved his case against the respondent and enters judgment in favor of the claimant for Kshs. 218,810 with costs and interest from the date of filing the suit.

Facts

The claimant, Mbugua, was a member of Transcom Sacco Limited and made contributions totaling Kshs. 218,810. He requested to withdraw his membership and receive his share contribution, but the respondent, Transcom Sacco Limited, failed to do so within 60 days. The claimant filed a suit seeking payment of the share contribution, costs, and interest.

Issues

  1. How much is the claimant owed by the respondent?
  2. Costs of the suit.

Reasoning

The court notes the claimant's contributions and the respondent's admission of Kshs. 201,810, but finds the respondent has not paid the balance due to financial challenges. The court finds the claimant's notice proper and the respondent's failure to pay as a breach of contract.

Outcome

In favor of the claimant

Orders

  • Judgment in favor of the claimant for Kshs. 218,810 with costs and interest from the date of filing the suit.

Remedies

  • Payment of Kshs. 218,810
  • Costs of the suit
  • Interest from the date of filing the suit.
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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