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JOSEPH TAMA NDUA 10 OTHERS
V.
JACARANDA HOTELS (MSA) LIMITED T/A JACARANDA INDIAN OCEAN BEACH RESORT

(2019) JELR 100582 (CA)

Court of Appeal 14 Feb 2019 Kenya
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Case Details

Suit Number:Civil Appeal 46 of 2018
Judges:Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Fatuma sichale
Location:Mombasa
Other Citations:Joseph Tama Ndua 10 others v. Jacaranda Hotels (Msa) Limited t/a Jacaranda Indian Ocean Beach Resort [2019] eKLR

JUDGMENT OF THE COURT

1. This is an appeal against the Ruling of the Employment and Labour Relations Court (ELRC) delivered on 27th June, 2016. The appellants were

employees of the respondent who were on the verge of being declared redundant. They had lodged a claim before the said court, seeking to have the redundancy process declared flawed and tantamount to unfair termination. Accordingly, they sought injunctive and prohibitory orders against the respondent in respect of the said redundancy or in the alternative, damages for wrongful termination as well as terminal dues amounting to Kshs.11,530,117.53/- The claim was opposed, but before the matter could be heard inter parties, parties reached a partial consent on the terminal dues payable; which was recorded and adopted as an order of the court. This left wrongful termination as the sole issue for determination by court.

2. However, contrary to expectation, the respondent failed to honour the terms of the consent, which prompted the a…

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