Wainaina v Metropolitan National Sacco Limited (Tribunal Case 189.E259 of 2024) [2025] KECPT 252 (KLR) (Civ) (29 April 2025) (Judgment)
- Court
- Co-operative Tribunal
- Case number
- 252
- Citation
- [2025] KECPT 252 (KLR)
- Decided
- 29 April 2025
AI Summary
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TypeCivilPostureClaimant v RespondentCoramHON. B. KIMEMIA, HON. J. MWATSAMA, Hon. Beatrice Sawe, Hon. Fridah Lotuiya, Hon. Philip Gichuki, Hon. Michael Chesikaw
Holding
The Claimant's Statement of Claim succeeds, and judgment is entered in favour of the Claimant for the sum of Kshs. 522,158.75/= with costs and interest at Tribunal rates from date of filing claim.
Facts
Claimant was a member of the Respondent's Sacco and gave notice to pay or refund her deposits on 8th May 2023. The Respondent failed to refund the deposits despite demand.
Issues
- Whether the Respondent failed to refund the deposits as required by the by-laws.
- Whether the Claimant's notice of withdrawal was valid and in compliance with the Co-operative Societies Act, Rules, and the Respondent's by-laws.
Reasoning
The Respondent failed to refund the deposits as required by the by-laws and the notice of withdrawal was not valid due to the Respondent's liquidity challenges and mismanagement.
Outcome
Claimant wins
Orders
- Judgment in favour of the Claimant for the sum of Kshs. 522,158.75/= with costs and interest at Tribunal rates from date of filing claim.
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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