[2018] KEELRC 2033 (KLR)

[2018] KEELRC 2033 (KLR)

The court found that the Claimant failed to establish a prima facie case with a probability of success, as she did not substantiate her claim of unlawful termination nor seek compensation for it. The Claimant delayed for ten months before seeking relief and continued to pay the revised loan installments, indicating...

Source-derived case information.

Citation
[2018] KEELRC 2033 (KLR)
Parties
Claimant: Samira Mbarak Ahmed; Respondent: First Community Bank Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Mombasa
Jurisdiction
Kenya
Case Number
Cause 218 of 2018
Procedural Posture
Employment Cause / Ruling on Interlocutory Injunction Application
Outcome
application dismissed
Judges
L Ndolo
Legal Topics
Redundancy Termination, Variation of Loan Terms, Injunctive Relief, Employee Loans
Source Language
en
Employment and Labour Banking and Finance Redundancy Termination Variation of Loan Terms Injunctive Relief Employee Loans

Source-derived case record

Summary, issues, holding and outcome

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Parties

Samira Mbarak Ahmed

Claimant

First Community Bank Limited

Respondent

Procedural Posture

Employment Cause / Ruling on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the Claimant has established a prima facie case to warrant grant of interlocutory injunction restraining the Respondent from varying loan terms and debiting higher installments.
  2. 2 Whether the Claimant will suffer irreparable harm not compensable by damages if the injunction is not granted.
  3. 3 Whether the balance of convenience favours granting or denying the injunction.

Ratio Decidendi

The court found that the Claimant failed to establish a prima facie case with a probability of success, as she did not substantiate her claim of unlawful termination nor seek compensation for it. The Claimant delayed for ten months before seeking relief and continued to pay the revised loan installments, indicating acquiescence. The court held that the Claimant did not demonstrate any real danger of losing her property or suffering irreparable harm, as she was up to date with her loan repayments. Any overpayments could be adjusted in her Musharaka shares if the Respondent was later found to have acted wrongly. Consequently, the balance of convenience favoured the Respondent bank, and the...

Court Disposition

application dismissed

Orders

  • The Claimant's application dated 10th April 2018 is dismissed.
  • There is no order as to costs.