Ongeri (Suing for and on behalf of members of Wells Fargo Employees) v Metropolitan National Sacco Ltd (Tribunal Case 154 (E184) of 2023) [2023] KECPT 800 (KLR) (26 October 2023) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 800
- Citation
- [2023] KECPT 800 (KLR)
- Decided
- 26 October 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeRepresentative suit or class action suitPostureRespondent filed a Notice of Preliminary Objection, Claimant filed written submissions, Respondent filed written submissionsCoramCHAIR, VICE CHAIR, MEMBERS
Holding
The Tribunal has jurisdiction to entertain the Claim.
Facts
The Claimant filed a Notice of Motion Application on 5th March, 2023 seeking the issuance of Wells Fargo membership statements of accounts, refund of savings, and termination of membership. The Respondent filed a Notice of Preliminary Objection stating that the Tribunal lacks jurisdiction.
Issues
- Whether the Tribunal lacks jurisdiction to entertain the Claim.
- Whether the suit has been filed properly as a Representative suit or a class action suit
Reasoning
Jurisdiction is determined by the pleadings and the statute under which the Tribunal is constituted. The Tribunal has the authority to entertain the matter.
Outcome
The Tribunal has jurisdiction to entertain the Claim.
Orders
- The Respondent be compelled to issue the Wells Fargo membership with their current statements of accounts.
- The Respondent be ordered to refund all the savings of its Wells Fargo membership individually and collectively and consequently terminate their membership forthwith.
- Costs of the Application.
Remedies
- Compulsory issuance of Wells Fargo membership statements of accounts.
- Refund of savings and termination of membership
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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