University of Nairobi v Alusa (Appeal E161 of 2021) [2024] KEELRC 13533 (KLR) (20 December 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13533
- Citation
- [2024] KEELRC 13533 (KLR)
- Decided
- 20 December 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the trial courtCoramSC RUTTO
Holding
The court allows the Application and directs the Respondent to pay the Appellant Kshs 646,554.00 within two months from the date of delivery of this Ruling.
Facts
The Respondent obtained a decree for Kshs 2,052,117.24 from the trial court. The Appellant appealed, and the appeal court set aside the trial court's judgment. The Appellant then filed an application for restitution.
Issues
- Whether the Appellant is entitled to an order of restitution for the sum of Kshs 2,155,182.35 plus interest
- Whether the Respondent's assertion of hardship and change of position makes restitution inequitable
Reasoning
The court found that the Appellant complied with the orders of the court and that the Respondent's assertion of hardship is contradictory to her previous statements. The court ordered restitution and released the remaining amount to the Respondent.
Outcome
The court allows the Application for restitution.
Orders
- Directs the Respondent to pay the Appellant Kshs 646,554.00 within two months from the date of delivery of this Ruling.
- Releases the sum of Kshs 1,508,628.35 deposited in the joint interest earning account together with accrued interest to the Respondent through its Advocates on record.
Remedies
- Restitution of Kshs 646,554.00
Authorities cited
Legislation (1)
- Civil Procedure 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.
Loading judgment…