Case ID:182134

Norman Samuel Bari v Ufundi Sacco Society Limited [2021] eKLR

Case Metadata

Case Number:

Tribunal Case 2 of 2010

Parties:

Norman Samuel Bari v Ufundi Sacco Society Limited

Date Delivered:

09 Jul 2021

Case Class:

Civil

Court:

Cooperative Tribunal

Case Action:

Judgment

Judge(s):

Hon. B. Kimemia Chairperson Hon. J. Mwatsama Deputy Chairperson Mr. P. Gichuki Member

Citation:

Norman Samuel Bari v Ufundi Sacco Society Limited [2021] eKLR

Court Division:

Tribunal

Parties Profile:

Individual/Private Body/Association v Individual/Private Body/Association

County:

Mombasa

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE CO-OPERATIVE TRIBUNAL

AT MOMBASA

TRIBUNAL CASE NO.2 OF 2010

NORMAN SAMUEL BARI…..................................................CLAIMANT

VERSUS

UFUNDI SACCO SOCIETY LIMITED............................RESPONDENT

JUDGMENT

1. Matter for determination is based on the Claimant’s Statement of Claim dated

10.3.2010

filed on

18.3.2010

seeking for:

(i)

Refund of shares

(ii)

Contributions to Benevolent funds

(iii)

Costs.

2. The Respondent filed a Statement of Defence dated

17.5.2010

filed on

17.5.2010

denying the averments therein denying claim of burial benevolent fund as untenable and un-refundable as per the Respondent’s by-laws.

The matter was fixed for hearing on

14.4.2021

as per the Affidavit of Service filed on

7.7.2021

the hearing notice was served upon Respondent via email on

24.6.2021

.

There being no appearance for the Respondent who was duly served the matter proceeded exparte.

3. The Claimant

Norman Bari

stated he was a retiree since December 2008. That he was a member of the Respondent and was making monthly contributions of 100 per month hence total amount claimed for in that regard is Kshs.3700/=.

He also claimed burial and benevolent contribution deducted from his salary and further added he was not sure whether it was refundable.

He adopted his statement of claim form and produced list of documents dated

21.5.2021

filed on

7.7.2021.

4. We have carefully considered the evidence on record, the pleadings documents filed and Defence the Respondent filed.

In paragraph 4 of the Defence the respondent averred that they had paid all dues in 2003 and that the burial benevolent fund was non- refundable.

We note that no documents were filed by the Respondent and at the time of the hearing there was no appearance by the Respondent who were duly served hence their case ordered as closed.

5. This being a liquidated claim and owing to the fact that burial and benevolent funds are not refundable we accordingly enter judgment in favour of claimant against the Respondents for

Kshs.3,700/= plus costs and interest

in the suit from date of filing suit, that is

18.3.2010.

Ruling signed, dated and delivered

virtually

at

Mombasa

this

9

th

day of

July,

2021.

Hon. B. Kimemia Chairperson Signed 9.7.2021

Hon. J. Mwatsama Deputy Chairperson Signed 9.7.2021

Mr. P. Gichuki Member Signed 9.7.2021

Tribunal Clerk Charles Maina