Esevwe v University of Nairobi (Cause E458 of 2022) [2023] KEELRC 737 (KLR) (24 March 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 737
- Citation
- [2023] KEELRC 737 (KLR)
- Decided
- 24 March 2023
Summary at a glance
TypeInterlocutory injunctionPostureAppeal from a ruling denying an application for an interlocutory injunctionCoramOngaya
The court dismissed the application for review and interlocutory injunction, finding that the claimant had not established any grounds for review and that the application was essentially an appeal against the ruling of October 27, 2022 based on additional evidence not before the trial court.
Facts
The claimant, Frank Esevwe, applied for an interlocutory injunction against the University of Nairobi, claiming that the university's unilateral reduction of his house allowance had caused irreparable injury to his children, particularly his daughter studying at Kenya Medical Training College due to outstanding fees.
Issues
- Whether the court's ruling on October 27, 2022 was erroneous
- Whether the claimant had established a prima facie case for an injunction
- Whether the balance of convenience favored granting the injunction
Reasoning
The court ruled that the claimant's application for review was not based on the pleaded case and was essentially an appeal, not a review, and thus dismissed the application.
Outcome
The application for review and interlocutory injunction was dismissed with costs.
Orders
- Application dismissed with costs
Authorities cited
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