M’kala v Lavington United Sacco Limited (Tribunal Case E308/258 of 2022) [2023] KECPT 1090 (KLR) (Civ) (14 December 2023) (Judgment)
- Court
- Co-operative Tribunal
- Case number
- 1090
- Citation
- [2023] KECPT 1090 (KLR)
- Decided
- 14 December 2023
AI Summary
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TypeCivilPostureAppeal from a money refund claimCoramHon. Beatrice Kimemia, Hon. J. Mwatsama, Hon. Beatrice Sawe, Hon. Fridah Lotuiya, Hon. Philip Gichuki, Hon. Michael Chesikaw, Hon. Paul Aol
Holding
The Claimant's claim is dismissed with costs as he failed to prove his entitlement to a refund and the Respondent acted within the law.
Facts
The Claimant, David M'Kala, was a member of Lavington United Sacco Limited from 2015 to 2019. He requested to withdraw his membership and later filed a claim for refund of his savings and interest.
Issues
- Does the Claimant deserve to be refunded his savings amounting Kshs.30,480/=?
- Whether guaranteeing another member is a bar to a member's refund?
Reasoning
The Tribunal found that the Claimant's savings were not fully supported by evidence, and the Respondent's loan statement showed outstanding amounts. The Tribunal also ruled that guaranteeing another member does not bar a member from demanding a refund upon exit.
Outcome
The Claimant's claim is dismissed with costs.
Orders
- Judgment against the Claimant in favor of the Respondent.
- Award of costs to the Respondent.
Authorities cited
Legislation (2)
- Co-operative Societies Act Cap. 490
- Sacco Societies Act
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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