Sheme Omoke v Chairman Kicomwambitra Saving and Credit Co-operative Society Ltd [2020] eKLR Case Summary

Court
Co-operative Tribunal at Kisumu
Category
Civil
Judge(s)
Hon. B. Kimemia (Chairman), Hon. F. Terer (Deputy Chairman), P. Gichuki (Member)
Judgment Date
May 14, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the key findings of Sheme Omoke v Chairman Kicomwambitra Saving and Credit Co-operative Society Ltd [2020] eKLR. This case summary highlights important legal principles, decision outcomes, and its impact on cooperative societies.

Case Brief: Sheme Omoke v Chairman Kicomwambitra Saving and Credit Co-operative Society Ltd [2020] eKLR

1. Case Information:
- Name of the Case: Sheme Omoke vs. Chairman Kicomwambitra Saving and Credit Cooperative Society Ltd
- Case Number: Tribunal Case No. 145 of 2018
- Court: Cooperative Tribunal at Kisumu
- Date Delivered: May 14, 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 primary legal issues for determination in this case are:
(a) Whether the Respondent is indebted to the Claimant and, if so, to what extent.
(b) Who should bear the costs of the suit.

3. Facts of the Case:
The Claimant, Sheme Omoke, was a member of the Respondent, Kicomwambitra Saving and Credit Cooperative Society Ltd. He contributed Kshs.100,000 in shares and Kshs.77,459.80 in savings and sought a refund of these amounts, including interest at a rate of 20% per annum. The Claimant testified, supported by receipts confirming his contributions. The Respondent opposed the claim, arguing that the Claimant's computation of shares was incorrect and that there were limits on share ownership as per their by-laws. The Respondent asserted that the Claimant was owed Kshs.130,500, which included a breakdown of savings and dividends.

4. Procedural History:
The Claimant filed a Statement of Claim on April 23, 2018, seeking a refund of his contributions. The Respondent filed a Statement of Response on April 30, 2018, denying the Claimant's calculations. The Tribunal heard testimonies from both parties and their witnesses over several dates, culminating in written submissions from the Claimant on March 3, 2020. The Respondent did not submit their written arguments by the time of judgment.

5. Analysis:
- Rules: The Tribunal considered relevant by-laws of the cooperative society and the general principles governing cooperative societies, particularly regarding share ownership and member contributions.
- Case Law: The Tribunal did not explicitly cite previous case law in the judgment, but the principles of cooperative law and the interpretation of by-laws were implicitly referenced in the arguments and testimonies.
- Application: The Tribunal analyzed the evidence presented, finding that the Claimant's claim for Kshs.100,000 in shares was based on a misunderstanding, as the contribution was towards deposits rather than shares. The Claimant's evidence for the Kshs.77,459.80 savings claim was deemed insufficient. The Tribunal accepted the Respondent's computation of Kshs.130,500 as the total benefits owed to the Claimant, rejecting the Respondent's penalty deductions.

6. Conclusion:
The Tribunal ruled that the Respondent was indebted to the Claimant for Kshs.130,500, plus interest and costs at court rates. The judgment emphasized the importance of accurate calculations and adherence to cooperative by-laws regarding member contributions.

7. Dissent:
There were no dissenting opinions noted in the judgment, as all judges concurred with the ruling.

8. Summary:
The Cooperative Tribunal ruled in favor of the Claimant, ordering the Respondent to pay Kshs.130,500 plus interest and costs. This case underscores the importance of clear documentation and adherence to cooperative regulations, as well as the Tribunal's role in resolving disputes over member contributions within cooperative societies. The judgment was delivered in line with the Chief Justice's directives amid the COVID-19 pandemic, reflecting the adaptability of legal processes during challenging times.

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