Wycliffe Shivachi Amudavi v Invest and Grow Sacco Ltd [2020] eKLR Case Summary

Court
Co-operative Tribunal at Nairobi
Category
Civil
Judge(s)
Hon. B. Kimemia (Chairman), Hon. F. Terer (Deputy Chairman), P. Gichuki (Member)
Judgment Date
April 09, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the Wycliffe Shivachi Amudavi v Invest and Grow Sacco Ltd [2020] eKLR case summary, highlighting key legal principles and the court's ruling. Stay informed on important legal precedents.

Case Brief: Wycliffe Shivachi Amudavi v Invest and Grow Sacco Ltd [2020] eKLR

1. Case Information:
- Name of the Case: Wycliffe Shivachi Amudavi v. Invest and Grow SACCO Ltd
- Case Number: C.T.C. No. 407 of 2018
- Court: Co-operative Tribunal at Nairobi
- Date Delivered: April 9, 2020
- Category of Law: Civil
- Judge(s): Hon. B. Kimemia (Chairman), Hon. F. Terer (Deputy Chairman), P. Gichuki (Member)
- Country: Kenya

2. Questions Presented:
The court was tasked with resolving the following legal issues:
(a) Whether the suit is res judicata in light of CTC. No. 10/2016.
(b) Whether the Tribunal in CTC. No. 10/2016 made conclusive findings regarding the Claimant’s indebtedness to the Respondent.
(c) Whether the Claimant is entitled to a refund of shares amounting to Kshs.320,000 and dividends of Kshs.160,000.
(d) Who should bear the costs of the suit.

3. Facts of the Case:
The Claimant, Wycliffe Shivachi Amudavi, was an employee of the Teachers Service Commission and a member of the Respondent, Invest and Grow SACCO Ltd. The relationship between the Claimant and Respondent began to deteriorate in 2014, leading the Claimant to file a previous case (CTC. No. 10/2016) concerning the Respondent's violation of loan policies, which resulted in a ruling in the Claimant's favor in December 2017. Despite this ruling, the Respondent allegedly withdrew Kshs.320,000 from the Claimant's shares and failed to remit dividends due since 2015. The Respondent contended that the Claimant defaulted on a loan of Kshs.360,000, leading to the withdrawal of funds from his shares.

4. Procedural History:
The Claimant filed the Statement of Claim on August 8, 2018, seeking refunds and damages. The Respondent filed a Statement of Defence on September 4, 2018, claiming the suit was res judicata. The Tribunal heard testimonies from both parties on January 13, 2020, and both submitted written submissions by the end of January and early March 2020.

5. Analysis:
- Rules: The court considered the Civil Procedure Act (Cap 21) regarding res judicata and the Co-operative Society Rules concerning the procedure for recovering shares.
- Case Law: The court referenced the case of Republic v. Legal Education & Another, Exparte Sabiba Kassamia & Another [2008] eKLR, emphasizing the necessity of providing notice before recovering shares.
- Application: The Tribunal found that the issues in the current claim were distinct from those in CTC. No. 10/2016, and thus, the claim was not res judicata. The court determined that the Claimant had not proven repayment of the loan, justifying the Respondent's recovery of shares. Furthermore, the Claimant's claims for dividends were dismissed due to lack of evidence.

6. Conclusion:
The Tribunal dismissed the Claimant's suit, concluding that he failed to prove his case on a balance of probabilities, and no costs were awarded.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The Tribunal ruled in favor of the Respondent, dismissing the Claimant's claims for refunds and damages based on insufficient evidence of repayment of the loan and failure to substantiate claims for unpaid dividends. This case underscores the importance of maintaining proper documentation and the procedural requirements for recovering shares within cooperative societies.

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