Sentrim Kenya Limited v Kenya Hotels and Allied Workers Union & another [2020] eKLR Case Summary

Court
Court of Appeal at Nairobi
Category
Civil
Judge(s)
Justices Nambuye, Musinga, and Sichale
Judgment Date
October 02, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the key insights from the Sentrim Kenya Limited v Kenya Hotels and Allied Workers Union [2020] eKLR case. Understand the legal implications and verdict highlights in this significant judgment.

Case Brief: Sentrim Kenya Limited v Kenya Hotels and Allied Workers Union & another [2020] eKLR

1. Case Information:
- Name of the Case: Sentrim Kenya Limited v. Kenya Hotels and Allied Workers Union & Kudheiha Workers
- Case Number: Civil Appeal (Application) No. 118 of 2018
- Court: Court of Appeal at Nairobi
- Date Delivered: October 2, 2020
- Category of Law: Civil
- Judge(s): Justices Nambuye, Musinga, and Sichale
- Country: Kenya

2. Questions Presented:
The central legal questions presented to the court involved whether Sentrim Kenya Limited should be granted an injunction to restrain the Kenya Hotels and Allied Workers Union from attaching or disposing of the applicant's equipment and whether a stay of execution of the previous court's judgment was warranted pending the appeal.

3. Facts of the Case:
The applicant, Sentrim Kenya Limited, sought to prevent the first respondent, Kenya Hotels and Allied Workers Union, from taking actions that would affect its equipment and tools. The background of the case stems from a prior ruling made by the Employment and Labour Relations Court in Nairobi (Hellen Wasilwa, J.) dated January 27, 2016, in E.L.R.C Cause No. 2145 of 2014. The applicant claimed that the actions of the respondents were unjustified and could lead to irreparable harm, prompting the need for an injunction and a stay of execution.

4. Procedural History:
The case progressed through the court system as follows:
- An application for an injunction and stay of execution was filed on April 18, 2019.
- The affidavit of Rajni Shah, the Managing Director of Sentrim Kenya Limited, was submitted in support of this application.
- The respondents did not file a replying affidavit.
- The Court of Appeal considered the application under Rule 5(2)(b) of its Rules, referencing the principles established in Stanley Kangethe v. Tony Ketter & Others [2013] eKLR.

5. Analysis:
- Rules: The court relied on Rule 5(2)(b) of the Court of Appeal Rules, which governs the granting of injunctions and stays of execution pending appeal. The court assesses whether the applicant has an arguable appeal and whether the appeal might be rendered nugatory without the orders sought.
- Case Law: The court referenced the Stanley Kangethe case, which outlines the principles guiding the granting of injunctions and stays. This precedent emphasizes the necessity of demonstrating an arguable appeal and the potential for irreparable harm.
- Application: The court analyzed the affidavit submitted by the applicant and concluded that Sentrim Kenya Limited had established an arguable appeal. The absence of a replying affidavit from the respondents further supported the applicant's position. The court determined that granting the injunction and stay of execution was necessary to prevent the applicant's intended appeal from being rendered nugatory.

6. Conclusion:
The Court of Appeal granted Sentrim Kenya Limited an injunction against the Kenya Hotels and Allied Workers Union, restraining them from interfering with the applicant's equipment. Additionally, the court stayed the execution of the previous judgment pending the determination of the appeal. This ruling underscores the importance of protecting a party's rights during the appellate process.

7. Dissent:
There were no dissenting opinions noted in this case.

8. Summary:
The Court of Appeal's ruling in Sentrim Kenya Limited v. Kenya Hotels and Allied Workers Union & Kudheiha Workers provided significant relief to the applicant by preventing the respondents from taking actions that could irreparably harm the applicant's business. The decision highlights the court's commitment to ensuring that the rights of parties are preserved during the appeal process, thereby reinforcing the principle that an appeal should not be rendered ineffective due to actions taken during its pendency.

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