JUDGMENT OF THE COURT
This appeal emanates from the judgment of the High Court of Kenya Admiralty Jurisdiction (Mbaluto, J.) dated 15th October, 1993 sitting at Mombasa.
The appellant was at the material time employed by the respondent as the Chief engineer for an indefinite period at a salary of $2000 per month. The contract of service was reduced into writing. The said contract also contained a provision by which the employment of the appellant could be terminated by one months’ notice. The respondent on 15th February, 1992, terminated the appellant’s services. The appellant then instituted these proceedings for the recovery of salary for 12 months.
The learned judge held that the services of the appellant were terminated without notice on 15th February, 1992, when the appellant disappeared from the respondent’s offices and was never seen again. The learned judge did not find for the appellant but decreed that the appellant was entitled to one month’s salary only. From this decision th…