Muchoki v Metropolitan National Sacco Society Limited (Tribunal Appeal 936 (E1018) of 2022) [2023] KECPT 775 (KLR) (21 September 2023) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 775
- Citation
- [2023] KECPT 775 (KLR)
- Decided
- 21 September 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeRefund DisputePostureAppeal from a previous decisionCoramHON. BEATRICE KIMEMIA, HON. J. MWATSAMA, HON. BEATRICE SAWE, HON. FRIDAH LOTUIYA, HON. PHILIP GICHUKI, HON. MICHAEL CHESIKAW, HON. PAUL AOL
Holding
The claimant is entitled to a refund
Facts
The claimant, Muchoki, wrote to the respondent, Metropolitan National Sacco Society Limited, on July 2, 2020, indicating his resignation and withdrawal as a member. He requested a refund of Kshs. 93,701.57. The respondent denied receiving the letter and claimed liquidity challenges prevented refunds.
Issues
- Whether the claimant is entitled to a refund
- Whether the claimant followed the proper procedure for withdrawal
Reasoning
The court found that liquidity challenges are not a valid reason to deny a member their refunds. The claimant provided evidence of his withdrawal request and deposits, which the respondent did not dispute.
Outcome
Claimant wins
Orders
- 30 days stays of execution granted to the respondent
Remedies
- Refund of Kshs. 93,701.57
Authorities cited
Legislation (1)
- Cooperative Society 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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