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Chumo Arap Songok vDavid Kibiego Rotich

(2006) JELR 105336 (CA)

Court of Appeal  •  Civil Appeal 141 of 2004  •  13 Oct 2006  •  Kenya

Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, William Shirley Deverell



This is a second appeal. The first appeal from the decision of the subordinate court was partly allowed by the learned Judge of the superior court (Gacheche J) and partly dismissed. The genesis of the entire case was a plaint filed by the respondent in this appeal David Kibiego Arap Rotich against the appellant in the appeal Chumo arap Songok in the Chief Magistrate’s Court at Eldoret, being Civil Case No. 373 of 1982. That plaint stated at paragraph 3 as follows:

“3. The Plaintiff claims Kshs.720/= from the Defendant being in respect of damages for wrongful dismissal of the Plaintiff’s Tractor which it was working for the Plaintiff thereby making the plaintiff to suffer damages”,

and it sought judgment against the Defendant for Kshs.720/=, interest at court rates and costs of the suit. It was dated 14th June 1982 and filed on 17th June 1982. Later on 7th July 1982, that plaint was amended. As that amended plaint was the one acted upon by the subordinate court and a…

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