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(Tribunal Case 651 of 2019) [2023] KECPT 394 (KLR) (27 April 2023) (Ruling)
Neutral citation:
[2023] KECPT 394 (KLR)
Republic of Kenya
Tribunal Case 651 of 2019
BM Kimemia, Chair, J. Mwatsama, Vice Chair, Beatrice Sawe, Fridah Lotuiya, P. Gichuki, Michael Chesikaw & Paul Otieno Aol, Members
April 27, 2023
Ruling
1.Application for determination is dated April 14, 2022 and seeks for:a.That this application be certified as urgent and be heard exparte in the 1st instance.b.That this Honourable Court be pleased to issue an interim order of stay of execution of the Judgment and decree herein ending the hearing and determination of this application.c.That the Honourable court be pleased to grant leave/allow the Defendant/Applicant to settle decretal sum herein as follows:-a.Kshs 200,000/= on May 15, 2022b.The balance of Kshs 509,302/= by twelve equal monthly installments of Kshs 42,442/= only with effect from June 15, 2022 and on the 15th day of each subsequent month until settlement in full.d.That the cost of this application be provided for.
2.The Claimant filed Statement of Claim dated September 17, 2019 and sought orders for refund of his membership shares of Kshs 709,302/= plus cost and interest.
3.The Claimant stated that he withdrew from being a member of the Sacco on December 31, 2016.
4.In response, the Respondent filed a Statement of Defence dated November 29, 2019 and admitted that the Claimant was a member of the Sacco. However, they denied that they owe him the amount of Kshs 709,302/= as stated
5.Upon hearing the parties, the Tribunal entered judgment of Kshs 709,302/= on February 17, 2022 in favor of the Claimant.
6.Vide on Application dated April 14, 2022 filed in the Tribunal, the Respondent sought to settled the decretal amount in instalment as follows:a)Kshs 200,000/= on May 15th Ma, 2022b)Kshs 42,422/= for 12 months which amount to Kshs 509,302 /=This Tribunal extracted a decree on April 27, 2022 which showed the cost and the interest of the decretal sum.
7.Although the Respondent paid Kshs 200,000/= on August 17, 2022 to the Claimant which is acknowledge, the Claimant declined the offer to pay the balance of Kshs 817,057/= by the of instalment
8.We have considered the submissions advanced by the Claimant and the Respondent and have come to the conclusion that Maseno University Sacco Limited is alive and carry on her business in a usual manner.
9.We find no evidence that Maseno University SACCO is facing financial challenge or insolvent and neither is the Tribunal aware that the Commissioner for Cooperatives has put it under any Inquiry under Section 58 of the Cooperative Society’s Act Cap 490.
We therefore dismiss the Respondent’s Application dated April 14, 2022 with costs and order for the decretal sum be paid promptly.
Ruling signed, dated and delivered virtually at Nairobi this 27th day of April, 2023.Hon. Beatrice Kimemia Chairperson Signed 27.4.2023Hon. J. Mwatsama Deputy Chairperson Signed 27.4.2023Hon. Beatrice Sawe Member Signed 27.4.2023Hon. Fridah Lotuiya Member Signed 27.4.2023Hon. Philip Gichuki Member Signed 27.4.2023Hon. Michael Chesikaw Member Signed 27.4.2023Hon. Paul Aol Member Signed 27.4.2023Tribunal Clerk Jemimah/JonahNo appearance by partiesRuling delivered in their absence.Hon. J. Mwatsama Deputy Chairperson Signed 27.4.2023
