Ndubi v Utumoja Technologies Ltd (Cause E427 of 2024) [2024] KEELRC 2553 (KLR) (18 October 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2553
- Citation
- [2024] KEELRC 2553 (KLR)
- Decided
- 18 October 2024
The Court finds the Application merited and directs the Respondent to deposit an amount equal to the sum sought in the Memorandum of Claim pending hearing and determination of the suit.
Facts
The Applicant, Sharon Feliste Ndubi, claims that the Respondent, Utumoja Technologies Ltd, illegally deducted her salary of Kshs. 140,000.00 over eight months, totaling Kshs. 2,599,767.68. The Respondent terminated the contract without notice.
Issues
- Whether the Application is merited
- Whether the Respondent is about to dispose of or remove property with intent to obstruct or delay the execution of any decree
Reasoning
The Court applies Order 39 Rule 5 of the Civil Procedure Rules, requiring the applicant to show the Respondent is about to dispose of property or remove it from jurisdiction with intent to obstruct or delay a decree. The Court finds the Applicant has shown sufficient grounds.
Outcome
The Court finds the Application merited.
Orders
- Order directing the Respondent to deposit an amount equal to the sum sought in the Memorandum of Claim pending hearing and determination of the suit
Remedies
- Attachment of property pending hearing and determination of the suit
Authorities cited
Legislation (1)
- Civil Procedure Rules, Order 39 Rule 5
Cases cited (2)
- Saving and Loan Kenya Limited v Erustus Mwangi Mungai
- Afrofreight Forwarders (K) Ltd v Kenya Railways Corporation
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