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Benard Mukolwe & 122 others v Karuturi Limited (In receivership) & 4 others [2015] KEELRC 1462 (KLR)

[2015] KEELRC 1462 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1462
Citation
[2015] KEELRC 1462 (KLR)
Decided
13 February 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramOngaya
Holding

The motion for temporary injunction is dismissed as the Claimants have not met the test for the grant of injunctive relief.

Facts

The Claimants were employees of Karuturi Limited who were issued with notices to vacate the company houses after the company went into receivership. The Claimants claimed they were entitled to stay in the houses for a maximum period of three months after declaration of redundancy.

Issues

  1. Whether the Claimants were entitled to stay in the company houses after the receivership
  2. Whether the Claimants were entitled to temporary injunction against eviction

Reasoning

The Court found that the Claimants were not entitled to stay in the company houses after the receivership due to the lack of a contractual provision for such rights. The Court also found that the Claimants had not been declared redundant.

Outcome

Motion dismissed with costs to the Respondents

Orders

  • Interim orders vacated

Authorities cited

Legislation (3)
  • Employment Act, 2007
  • Companies Act
  • Employment and Labour Relations Court Act
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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