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Kenya Case Law

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Employment And Labour [2025] KEELRC 2079 (KLR)

Eldotec Consultancy Services Ltd v Adhiambo & 5 others

Eldotec Consultancy Services Ltd v Adhiambo & 5 others [2025] KEELRC 2079 (KLR)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Appeal E017 of 2023
Judge
MA Onyango

The court found that the trial magistrate erred in failing to certify the appellant's applications as urgent, given the risk of dissipation of funds and the clear evidence of overpayment. However, the substantive claims for refund were determined based on the test suit, where it was established that the 1st respondents had received and utilized excess terminal dues, making them liable to refund the appellant. The 2nd respondents (financial institutions) were not liable as they no longer held the funds at the time of service of freezing orders. The court adopted the findings of the test suit a…

Source excerpt

  • Terminal Dues
  • Erroneous Payment
  • Recovery Of Overpayment
  • Pecuniary Jurisdiction
  • Interim Injunctions
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Civil Procedure [2022] KEELC 3175 (KLR)

Lubulellah & Associates Advocates v St. Bakhita Daycare & Kindergarten Limited

Lubulellah & Associates Advocates v St. Bakhita Daycare & Kindergarten Limited [2022] KEELC 3175 (KLR)

Court
Environment and Land Court
Case number
Miscellaneous Application E044 of 2021
Judge
MD Mwangi

The court held that it lacked jurisdiction to entertain the client's application for recovery of alleged overpayment to the advocate following taxation of costs. The proper procedure for challenging a Taxing Master's decision is by reference under paragraph 11 of the Advocates Remuneration Order, which the client had not pursued. The court's role under Section 51(2) of the Advocates Act is limited to entering judgment for the sum certified by the taxing officer, not to determine disputes over alleged overpayments or to reconcile accounts. Any claim for refund or overpayment must be brought by…

Source excerpt

  • Advocate Client Costs
  • Taxation Of Costs
  • Jurisdiction Of Court
  • Recovery Of Overpayment
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.