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Joel Bulinga Anyambe & 146 Others v. Unga Group Limited

(2009) JELR 100972 (CA)

Court of Appeal  •  Civil Appeal 275 of 2003  •  6 Nov 2009  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

This is an appeal by Joel Bulinga Anyambe, and 146 Others, all former Unionizable employees of Unga Group Limited, the respondent, challenging the decision of the superior court (Rimita, J) given on 7th June, 2000 dismissing their suit against the respondent. In that suit to wit, High Court Civil Case No. 98 of 1999, the appellants had impleaded the respondent for damages for alleged wrongful retrenchment.

In their plaint dated 8th March, 1999, the appellants averred, inter alia that they were former members of the Kenya Union of Commercial Food and Allied Workers Union; that in April, 1998, the respondent as their employer then, terminated their respective employments by way of a retrenchment programme; that they did not accept the terms of the retrenchment programme as a result of which they filed a trade dispute at the Industrial Court, namely case No. 34 of 1998. That court rendered an award on 2nd December, 1998 in which, in a nutshell, it approved the terms o…

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