Case law
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Division and case type: High Court CivilCivil Appeal
Division and case type: High Court CivilCivil Appeal
…Being aggrieved with the judgment of Hon JB Kalo, Chief Magistrate, delivered on 27th November 2024 in CMCC NO 160 of 2014; Teleposta Pension Scheme Registered Trustees v Jennifer Odhiambo & 29 others, the appellants herein…
…This honourable Court does grant the appellants a stay of execution of the Hon JB Kalo’s judgment delivered on 27th November 2024 in CMCC No 160 of 2014; Teleposta Pension Scheme Registered Trustees v Jennifer Odhiambo &…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Scheme) v Maurice Munyao & 148 others (suing on their own behalf and on behalf of the Plaintiffs and other Members/Beneficiaries of the Kenya Ports Authority Pensions Scheme) [2019] eKLR.…
…The Supreme Court was moved to decide whether the ELRC had jurisdiction to determine a dispute between a former employee and the Trustees of a pension scheme.…
Division and case type: High Court DivCivil Appeal
…Scheme (WCPS) contribution, PAYE and NHIF) totaling to Kshs. 5,065.55/= have been made on the basic salary as per pay slip produced in Court as an exhibit by the Respondent. d.)…
…THAT the learned Trial Magistrate erred in law and fact in failing to take into account the mandatory statutory deductions particularly the Widows and Children Pension Scheme (WCPS) contribution, PAYE and NHIF in computing…
Division and case type: High Court CivilCivil Appeal
…It was further urged that the garnishee proceedings sought to execute against accounts that belong to a totally different entity, to wit, the Kenya Ports Authority Pension Scheme. 6.…
…Based on the KCB Bank documents, the account belongs to the Kenya Ports Authority Pension Scheme, which is a distinct entity from the Kenya Ports Authority Retirement Benefits Scheme.…
Division and case type: High Court CivilCivil Appeal
…-E013-of-2023-Erdemann-Property-Ltd-vs-Safaricom-Staff-Pension-Scheme-3-Others where a five bench Judge while dismissing an Appeal because of a defective Record of Appeal and Notice of Appeal held as follows: "...contents…
Division and case type: High Court DivCivil Appeal
…Reliance was placed on the case of Kenya Ports Authority Pension Scheme –vs- John Steven Opiyo- Mombasa High Court Civil Appeal No. 184 of 2019. 13.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Court of Appeal in Intercounties Importers and Exporters v Teleposta Pension Scheme Registered Trustees & 5 others [2021] KECA 44 (KLR) the applicant sought the striking out this appeal on grounds that the record of appeal…
Division and case type: High Court DivCivil Appeal
…Relying on Albert Chaurembo and seven others (suing on their own behalf and on behalf of predecessors and or successors in the title in their capacities as the registered trustees of Kenya ports authority pension scheme versus…
Division and case type: High Court CivilCivil Appeal
…The deductions for aspects that the deceased voluntarily subscribed to such as the Pension scheme, Emergency Loans, Co-operative shares, and Co-operative loan are deductions which form part of his earnings and are a benefit…
Division and case type: High Court DivCivil Appeal
…The Appellant submits that in one of the authorities, in the Court of Appeal at Nairobi in Civil Application No. 203 of 2016, Intercountries Importers and Exporters Ltd vs Teleposta Pension Scheme and 5 Others held: "A consent…
Division and case type: CivilCivil Case
…If so, 2) Whether his membership to the pension scheme insulated his employment from termination prior to the age of retirement. 3) Did the plaintiff’s original contract of employment lapse or was it varied each time he was…
Division and case type: High Court CivilCivil Appeal
…Counsel cited the decision of the Court of Appeal in the case of Iner Counties Importers and Exporters Limited Vs Telepostal Pension Scheme Trustees & 5 Others (2019) eKLR on the principles of setting aside a consent and…
Division and case type: High Court CivilCivil Appeal
…Counsel cited the decision of the Court of Appeal in the case of Iner Counties Importers and Exporters Limited Vs Telepostal Pension Scheme Trustees & 5 Others (2019) eKLR on the principles of setting aside a consent and…
Division and case type: High Court DivCivil Appeal
…further that it should not be made through misrepresentation or in ignorance of material facts and this position was affirmed in the Court of Appeal case of INTERCOUNTRIES IMPORTERS AND EXPORTERS LIMITED –vs- TELEPOSTA PENSION…
…SCHEME REGISTERED TRUSTEES & 5 OTHERS [2019] eKLR. 21.…
Division and case type: CivilCivil Appeal
…It may result from the discharge of an onerous obligation, or the provision of a pension scheme for the benefit of the employees concerned (see the Atherton case). Is the overdraft in this case such an advantage?…