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Eric V.J. Makokha & 4 others v Lawrence Sagini & 2 others [1994] KECA 75 (KLR)

[1994] KECA 75 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
75
Citation
[1994] KECA 75 (KLR)
Decided
1 March 1994
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from a High Court rulingCoramApaloo CJ, Gachuhi, Cockar, Omolo, Akiwumi JJ A
Holding

The Court held that the contract of employment was not statutorily underpinned and dismissed the applicants' plea for a temporary injunction.

Facts

The applicants were lecturers at the University of Nairobi and were evicted from a subsidised housing unit. They sought a stay of execution of the High Court's ruling.

Issues

  1. Whether the contract of employment was statutorily underpinned
  2. Whether the applicants would suffer irreparable loss if the application was denied
  3. Whether the balance of convenience lay with the University

Reasoning

The Court found that the regulations and contract of employment lacked statutory backing and that the applicants failed to present a prima facie case with a probability of success.

Outcome

Dismissed the applicants' plea for a temporary injunction

Authorities cited

Cases cited (1)
  • J K Industries Ltd v Kenya Commercial Bank
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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