Sitanda v Emerging Opportunities Sacco Limited (Tribunal Case 250/E372 of 2023) [2025] KECPT 212 (KLR) (27 March 2025) (Judgment)
- Court
- Co-operative Tribunal
- Case number
- 212
- Citation
- [2025] KECPT 212 (KLR)
- Decided
- 27 March 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureClaimant seeks declaration and payment of contributions and dividends, Respondent seeks to defend.CoramHON. B. KIMEMIA, HON. J. MWATSAMA, HON. BEATRICE SAWE, HON. FRIDAH LOTUIYA, HON. PHILIP GICHUKI, HON. MICHAEL CHESIKAW
Holding
Judgment in favor of the claimant for Ksh.72,000 plus interest.
Facts
Claimant was a member of the Respondent Sacco from January 2015 to August 2021, contributing Ksh.1000 monthly. The claimant requested a refund of his savings and share deposits, which the Respondent failed to honor. The claimant filed a statement of claim and summons, and the Respondent did not enter appearance or file a defence.
Issues
- Claimant's entitlement to a declaration and payment of contributions and dividends.
- Respondent's liability for the refund of savings and share deposits.
Reasoning
The claimant's contributions were established, and the Respondent failed to provide a statement of account. The tribunal ordered summary judgment in favor of the claimant for the amount claimed.
Outcome
Claimant wins.
Orders
- Order for summary judgment in favor of the claimant for Ksh.72,000 plus interest.
- Prayer (a), (c), (d), and (f) of the claimant's statement of claim are dismissed.
Remedies
- Payment of Ksh.72,000 to the claimant.
- Interest on the payment from the date of judgment until payment is made in full.
Authorities cited
Legislation (2)
- Civil Procedure Rules 2010
- Order 10 Rule (4) and (6) of the civil procedure Rules 2010
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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