Wekesa v Sakam Enterprises Limited (Employment and Labour Relations Cause E027 of 2022) [2024] KEELRC 2532 (KLR) (17 October 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2532
- Citation
- [2024] KEELRC 2532 (KLR)
- Decided
- 17 October 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour RelationsPostureRespondent's Application to restrain Claimant from realizing the fruits of the decreeCoramMA ONYANGO
Holding
The Court finds no merit in the application and dismisses it with costs.
Facts
The Claimant (Wekesa) sought payment of salary arrears, payment in lieu of leave, house allowance, and overtime service pay from the Respondent (Sakam Enterprises Limited). The parties settled the claim by consent on January 24, 2024, with the Respondent paying the Claimant an all-inclusive sum of Kshs. 10,000,000 in kind.
Issues
- Whether the Respondent's application to restrain the Claimant from realizing the fruits of the decree is valid
- Whether the Respondent's application for a temporary injunction is justified
Reasoning
The Court is functus ocio as the matter was concluded by the entry of a consent judgment on January 24, 2024. The Court cannot re-open the matter for an application to restrain the decree holder from realizing the fruits of his decree.
Outcome
Application dismissed with costs
Authorities cited
Cases cited (3)
- Jersey Evening Post Limited v Al Thani (2002) JLR
- Telkom Kenya Limited v John Ochanda (suing on his own behalf and on behalf of 996 Former Employees of Telkom Kenya Limited) 2014 eKLR
- Re Estate of Kinuthia Mahuti (Deceased) Miscellaneous Application P&A No. 158 of 2017, 2018 eKLR
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…