Board of Trustees, Kenya Broadcasting Corporation (KBC) Staff Retirement Benefits Scheme (Suing on behalf of the Scheme) v Kenya Broadcasting Corporation (KBC) [2020] KEELRC 1088 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1088
- Citation
- [2020] KEELRC 1088 (KLR)
- Decided
- 15 May 2020
Summary at a glance
TypeApplication for Mandatory InjunctionPostureRespondent's Application for Mandatory InjunctionCoramEric
The court will not grant the mandatory interlocutory injunction as the case is not clear and there are no special circumstances warranting such an order.
Facts
The Claimant is a pension scheme for KBC employees, and the Respondent is the employer. The Claimant seeks unpaid contributions and property rent collections from the Respondent.
Issues
- Whether the application is merited
- Whether the Claimant is entitled to the orders sought
Reasoning
The court considers the case not clear and does not meet the high standard required for an interlocutory mandatory injunction. The principles from previous cases indicate that a mandatory injunction can only be granted in exceptional and the clearest of cases.
Outcome
The application is dismissed.
Authorities cited
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