[2014] KEELRC 49 (KLR)
The court found that the parties had reached a mutual settlement regarding the claim for unfair and unlawful termination. Upon review, the court was satisfied that the terms of the settlement were fair, adequate, regular, and in accordance with the law. Consequently, the court entered judgment in favour of the...
Source-derived case information.
- Citation
- [2014] KEELRC 49 (KLR)
- Parties
- Claimant: David Malonza Mbuvi; Respondent: Pirates Club & Restaurant
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 427 of 2014
- Procedural Posture
- Employment Cause / Settlement and Award
- Outcome
- Judgment entered for the claimant in terms of the settlement agreement.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Unlawful Termination, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Malonza Mbuvi
Claimant
Pirates Club & Restaurant
Respondent
Procedural Posture
Employment Cause / Settlement and Award
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the settlement terms agreed by the parties are fair, adequate, and in accordance with the law.
Ratio Decidendi
The court found that the parties had reached a mutual settlement regarding the claim for unfair and unlawful termination. Upon review, the court was satisfied that the terms of the settlement were fair, adequate, regular, and in accordance with the law. Consequently, the court entered judgment in favour of the claimant for the agreed sum, making the settlement binding and enforceable as a court order.
Court Disposition
Judgment entered for the claimant in terms of the settlement agreement.
Orders
- Award entered for the claimant against the respondent for an all-inclusive sum of Kshs.52,000 to be paid within 2 weeks, failing which execution to issue.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 427 OF 2014
BETWEEN
DAVID MALONZA MBUVI ........................... CLAIMANT
VERSUS
PIRATES CLUB & RESTAURANT ........... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Nyange Sharia Advocate instructed by KITUO CHA SHERIA, Advocates for the Claimant
Mr. Onjoro instructed by Ojode, Udoto & Onjoro Advocates for the Respondent
__________________________________________________________________________________
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
The Claimant filed his Statement of Claim on 8th September 2014. The Respondent filed its Statement of Response on 28th October 2014.
On 8th December 2014, Mr. Nyange Advocate for the Claimant, and Mr. Onjoro Advocate for the Respondent informed the Court that Parties have reached Settlement, in the following terms:
Judgment entered for the Claimant against the Respondent for an all inclusive sum of Kshs.52,000 to be paid within 2 weeks, failure, execution to issue.
The Court is satisfied the proposed terms of settlement are fair, adequate, regular and made in accordance with the Law. IT IS ORDERED:-
(a) Award entered in terms proposed by the Parties above.
Dated and delivered at Mombasa this 8th day of December 2014.
James Rika
Judge