[2018] KEELRC 665 (KLR)
The court found that the applicants had satisfied the legal requirements for the grant of mandatory and mareva injunctions as set out in the cited authorities. The application was unopposed, and the evidence presented by the applicants established their entitlement to the terminal benefits and salary arrears...
Source-derived case information.
- Citation
- [2018] KEELRC 665 (KLR)
- Parties
- Applicant: Anjeline Gumo Ojango and 29 Others; Respondent: Dominion Farms Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 182 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application granted as prayed
- Judges
- MN Nduma
- Legal Topics
- Terminal Benefits, Salary Arrears, Mandatory Injunction, Mareva Injunction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anjeline Gumo Ojango and 29 Others
Applicant
Dominion Farms Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the applicants are entitled to a mandatory injunction compelling the respondent to pay cumulative terminal benefits.
- 2 Whether the applicants are entitled to a mandatory injunction compelling the respondent to pay outstanding salary arrears for specified periods.
- 3 Whether a mareva injunction should issue to preserve the respondent's assets from dissipation pending enforcement of court orders.
Ratio Decidendi
The court found that the applicants had satisfied the legal requirements for the grant of mandatory and mareva injunctions as set out in the cited authorities. The application was unopposed, and the evidence presented by the applicants established their entitlement to the terminal benefits and salary arrears claimed. The court was persuaded that there was a real risk of dissipation of the respondent's assets, justifying the preservation order. Consequently, the court granted the application as prayed in terms of the specified prayers, compelling the respondent to pay the cumulative terminal benefits and outstanding salary arrears, and preserving the respondent's assets from dissipation...
Court Disposition
application granted as prayed
Orders
- The respondent is compelled to pay the 1st, 2nd, and 5th to 27th and 29th claimants cumulative terminal benefits in the sum of Kshs.14,976,002.00.
- The respondent is compelled to pay the 3rd, 4th, 6th, 7th, 10th, 11th, 13th, 17th, 20th, 23rd, 28th, 29th, and 30th claimants outstanding salary arrears for January 2018 to May 2018 in the sum of Kshs.1,625,267.50.
Full Case Text
Judgment text and source record
50 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 182 OF 2018
(Before Hon. Justice Mathews N. Nduma)
ANJELINE GUMO OJANGO……………………….…..1ST CLAIMANT
ANTONY ODHIAMBO ONG’ER……………….…..…2ND CLAIMANT
BARRACK OMONDI ONYANGO…………….……....3RD CLAIMANT
DAVID OCHIENG NYAWIRE…………………………4TH CLAIMANT
DAN OTIENO WERE…………………………….…….5TH CLAIMANT
DANIEL GOERGE OKELLO…………………….……6TH CLAIMANT
DENNIS OUMA ODONDO………………………....….7TH CLAIMANT
FREDRICK OLUOCH OCHIENG………………...….8TH CLAIMANT
FREDRICK ONYANGO ODUOL…………….....…….9TH CLAIMANT
FREDRICK OTIENO ONYANGO…………………..10TH CLAIMANT
GABRIEL OCHIENG OJUANG………………...…..11TH CLAIMANT
GORDON OTIENO AHENDA…………………..…..12TH CLAIMANT
JAMES LWAMBA LUKOYE………………..……....13TH CLAIMANT
JOANES OTIENO EUGU……………………....…....14TH CLAIMANT
JOHN KUNDU GERENGE…………………...……..15TH CLAIMANT
JOSEPH OLOO OBUONG……………………....….16TH CLAIMANT
JOSEPH OTIENO OCHIENG………………………17TH CLAIMANT
JOSEPH OWINO OPILO………………………..…..18TH CLAIMANT
KENNEDY OMONDI ODHIAMBO…………..….…19TH CLAIMANT
MOSES OCHOLA OPONDO…………………........20TH TCLAIMANT
MOSES OMOLLO OWINO…………………..……..21ST CLAIMANT
NICHOLAS ODHIAMBO AMOLLO………….…..22ND CLAIMANT
PAUL OWINO HAYOYO……………………….….23RD CLAIMANT
PETER LIMBE ADIPO…………………………...….24TH CLAIMANT
PETER OMONDI OWINO……………………...……25TH CLAIMANT
PETER WARINGA OTIENDE…………………….....26TH CLAIMANT
PRISKA ATIENO OMONDI……………………...…..27TH CLAIMANT
SILAH OMONDI OGELLO…………………......……28TH CLAIMANT
SIMON ODUOR OKOTH………………………….…29TH CLAIMANT
WILSON OTIENO OCHIENG……….........................30TH CLAIMANT
VERSUS
DOMINION FARMS LIMITED…………………...….....RESPONDENT
R U L I N G
1. The Notice of Motion application dated 7th May, 2018 supported by Affidavits of Gordon Otieno Ahenda sworn on even date and Supplementary Affidavit of Gordon Otieno Ahenda sworn on 8th June, 2018 seeks prayers (iii) to (iv).
2. The Applicants seek mandatory injunction compelling the Respondent to pay the 1st, 2nd, 5th to 27th and 29th Claimants cumulative terminal benefits in the sum of Kshs.14,976,002. 00.
3. In prayer (iv) the Applicants pray that the court issues mandatory injunction compelling the Respondent to pay the 3rd, 4th 6th, 7th, 10th, 11th, 13th, 17th, 20th, 23rd, 28th, 29th and 30th Claimants outstanding salary arrears for the period January 2018 to May 2018 (both inclusive) in the sum of Kshs.1,625,267. 50 as set out in the schedule to the prayer.
4. Prayer (v) the applicants seek mareva injunction that except for purposes of enforcing any order that the court may give in this application, the court preserves the Respondent’s assets from dissipation or removal from the jurisdiction of the court, for reasons explained in the application.
5. The application is unopposed, despite service as shown in the Affidavit of Service by Stephen K. Muoki filed on 8th May, 2018.
6. The application is granted as prayed in terms of prayers (iii) to (vi) of the Notice of Motion.
7. The Legal requirements for the orders sought have been satisfied in terms of court of appeal decision in the case of Kenya Breweries Limited & Another Vs Washington O. Okeyo, Nairobi CA No. 332 of 2000 (2002) eKLR and Giella Vs Cassman Brown Co. Limited and Mrao Case.
Judgment Dated, Signed and delivered this 31st day of October, 2018
Mathews N. Nduma
Judge
Appearances
M/s Alinaitwe for the Applicant
Chrispo – Court Clerk