The brief facts are that the Respondents are employees of the Appellant. The Appellant did not pay Respondents 2010 bonuses. The matter was referred for conciliation and subsequently for arbitration. The Arbitrator found that the Appellant had failed to follow the correct procedures in advising its employees of its inability to pay the 2010 bonuses. The Arbitrator also found that the Appellant was at law enjoined to make full disclosure of its financial position during the discussions with the Respondents and before the Arbitrator. It failed to do so. The Arbitrator ordered the Appellant to pay the 2010 bonuses. Aggrieved... More
This is an appeal against the decision of the Arbitrator who made an order in favour of the employee against the now Appellant Company.
The brief facts of the case are that the Respondent took up issue with the Appellant Company over his employment status and benefits which were due to him. When the Appellant Company failed to resolve the issue in question within the prescribed time limits Respondent approached a Labour Officer for conciliation. This failed and the matter ended up at the Arbitrator’s desk. More
At the commencement of the trial in this matter, I meromotu raised the issue of whether or not the jurisdiction of this court has not been ousted by the provisions of s 89(6) of the Labour Act [Cap 28:01] (“the Act”) in matters brought before me for determination. More
The plaintiff and the defendant married each other on 20 July 2001. The plaintiff instituted these divorce proceedings which the defendant is strenuously opposing. More
On 24 October, 2012 plaintiff obtained provisional sentence against the defendant.
On 25 October, 2012 defendant entered appearance to defend.
On 7 November, 2012 defendant filed its plea to the plaintiff’s application.
On 31 May, 2013 defendant applied for a Pre-Trial Conference date and it filed with the court issues which it considered were relevant to the case. The Registrar of this court referred the record to me for dealing. More
This an application for stay of execution of an arbitral award handed down by Arbitrator E.F. Chitsa. Applicant alleges that pending the appeal lodged with this Court, Respondent’s actions to execute the judgment be stayed. What is interesting to note is that Respondent has partly executed the judgment and Applicant had to offer security which was lodged with Respondent’s legal practitioners. More
