H. Young & Company (E.A) Limited v Okoth & another (Civil Appeal 51 of 2020) [2025] KECA 466 (KLR) (7 March 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 466
- Citation
- [2025] KECA 466 (KLR)
- Decided
- 7 March 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Employment and Labour Relations CourtCoramASIKE-MAKHANDIA, LK KIMARU, WK KORIR
Holding
The appeal is dismissed with costs to the respondents
Facts
Respondents sued the appellant for unpaid overtime allowances amounting to Kshs. 942,000.00, alleging that the appellant failed to pay them overtime allowances as per the Collective Bargaining Agreement signed on 10th September, 2013. The respondents claimed for overtime worked in the months of May 2013 to July 2014.
Issues
- Whether the respondents sufficiently established their claim for overtime pay
- Whether the appellant discharged its burden of proof
Reasoning
The respondents provided evidence to support their claim for overtime pay, and the appellant did not adduce any evidence to controvert the amount pleaded. The learned trial Judge held that the respondents proved their claim for overtime pay to the required standard of proof on a balance of probabilities.
Outcome
Appeal dismissed
Orders
- Appeal dismissed with costs to the respondents
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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