Geoffrey Nganga Tambara v Radio Frequency Systems Ltd, Simon Horner & Micheal John Mwaura [2020] KEELRC 223 (KLR)

Summary at a glance

Facts

The applicant, Geoffrey Nganga Tambara, alleged that he was offered employment as a General Manager by the Respondents, Radio Frequency Systems Ltd, Simon Horner, and Michael John Mwaura, but was never paid the agreed remuneration. He also claimed that the Respondents had no other known assets in the country.

Issues

• Whether the Court should grant a freezing order on the account number 0170296936184 held by the 1st Respondent at Equity Bank Limited.
• Whether the Court should order the 1st, 2nd, and 3rd Respondents to pay into a joint interest-earning account the sum of Kshs 18,810,000/- in respect of the sums claimed by the Respondent against the Respondents.

Reasoning

The Court found that there was no valid employment relationship between the applicant and the 1st Respondent due to the forgery of the 1st Respondent's records by the 3rd Respondent. The funds in the account sought to be secured were subject to Court orders in Nairobi Cause No. 567 of 2019, and the applicant was privy to the Court orders.

Outcome

Appeal dismissed

Orders

• The Motion is dismissed with an order that costs be in the cause.

Authorities cited