Onundu v Metropolitan National Sacco Ltd (Tribunal Case E186 (104) of 2024) [2024] KECPT 1709 (KLR) (Civ) (31 October 2024) (Judgment)
- Court
- Co-operative Tribunal
- Case number
- 1709
- Citation
- [2024] KECPT 1709 (KLR)
- Decided
- 31 October 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureClaimant seeks refund of Kshs. 188,458.00/- from Respondent, while Respondent disputes the claim.CoramHON. B. KIMEMIA, HON. J. MWATSAMA, HON. BEATRICE SAWE, HON. FRIDAH LOTUIYA, HON. PHILIP GICHUKI, HON. MICHAEL CHESIKAW, HON. PAUL AOL
Holding
This Tribunal finds merit in the Claimant's claim and orders an immediate refund of Kshs. 168,458.60/- and costs of the suit.
Facts
Claimant claims to be a former member of Respondent, who withdrew from membership in 2022 and seeks refund of his savings. Respondent disputes the claim, stating the Claimant is not in possession of shares and there was a resolution suspending refunds.
Issues
- Whether the Claimant was a member of the Respondent
- Whether the Respondent is in possession of the Claimant's shares
- Whether the Claimant has established his claim on a balance of probabilities
Reasoning
The Tribunal considers the Claimant's statement and finds it credible, ordering a refund of the stated amount. The Tribunal sympathizes with the Respondent's financial situation but upholds the Claimant's right to his deposits.
Outcome
Claimant wins, ordered to be refunded Kshs. 168,458.60/- and awarded costs.
Orders
- Order for an immediate refund of Kshs. 168,458.60/- to the Claimant
Remedies
- Costs of the suit and interest from filing until payment in full
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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