National Union of Water And Sewerage Employees v Abdul Lusinga Agonga & another [2014] KEELRC 590 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 590
- Citation
- [2014] KEELRC 590 (KLR)
Summary at a glance
TypeIndustrial DisputePostureApplication for InjunctionCoramHON. LADY JUSTICE MAUREEN ONYANGO
The application is dismissed as the Claimant has no proprietary interest or locus standi to seek the orders sought and has not shown a real threat of dismissal of its members.
Facts
The 1st Respondent, a former Managing Director of the 2nd Respondent, was appointed by Gazette Notice No. 7913 of 14th June 2013. He was later dismissed by the Cabinet Secretary for Water, Environment and Natural Resources. The Claimant, a trade union representing employees of the 2nd Respondent, filed an application seeking an injunction to restrain the 1st Respondent from forcefully entering and resuming duties as Managing Director of the 2nd Respondent.
Issues
- Proprietary interest of the Claimant
- Real threat of dismissal of members
Reasoning
The court found that the Claimant does not have a proprietary interest in the 1st Respondent or the premises he claims would be trespassed upon. The court also determined that the Claimant has not shown a real threat of dismissal of its members.
Outcome
Application dismissed
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