Otoyi v Sokoro Sacco Society Limited (Tribunal Case 872 (E968) of 2022) [2024] KECPT 962 (KLR) (Commercial and Tax) (23 May 2024) (Judgment)
- Court
- Co-operative Tribunal
- Case number
- 962
- Citation
- [2024] KECPT 962 (KLR)
- Decided
- 23 May 2024
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TypeCommercial DisputePostureAppeal from a Commercial and Tax TribunalCoramHON. J. MWATSAMA, HON. BEATRICE SAWE, HON. FRIDAH LOTUIYA, HON. PHILIP GICHUKI, HON. MICHAEL CHESIKAW, HON. PAUL AOL
Holding
The Tribunal finds merit in the Claimant's claim and orders a refund of Kshs. 147,480/-
Facts
Claimant Otoyi was a member of Respondent Sokoro Sacco Society Limited and had withdrawn from membership in March 2022. He claimed a refund of his savings of Kshs. 280,500/-, but the Respondent denied the claim due to outstanding loans.
Issues
- Whether the Claimant wrote a valid resignation letter
- Whether the Claimant is entitled to a refund of his savings while outstanding loans remain unpaid
Reasoning
The Tribunal ruled in favor of the Claimant, stating that the Respondent must use the deposits to offset any liability, and that the Claimant's outstanding deposit of Kshs. 280,500/- is more than the loan balance of Kshs. 190,225/-.
Outcome
Claimant Otoyi is awarded Kshs. 147,480/- in refund
Orders
- Judgment in favor of Claimant for Kshs. 147,480/-
- Costs of this suit and Interest from date of filing suit at Tribunal rates until payment in full
Remedies
- Refund of Kshs. 147,480/-
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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