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Cosmas Maweliwe Wepukhulu v. Sameer Africa Limited (Previously Known as Firestone East Africa (1969) Limited

(2018) JELR 103069 (CA)

Court of Appeal  •  Civil Appeal 236 of 2017  •  2 Mar 2018  •  Kenya

Philip Nyamu Waki, Milton Stephen Asike Makhandia, Mohammed Abdullahi Warsame



This is an appeal by Cosmas Maweliwe Wepukhulu (hereinafter referred to as the Appellant) against the judgment and decree by the High Court (Mbogholi Msagha J) delivered on the 5th July 201.

Briefly, the background of this appeal is that on the 1st November, 1995 the respondent employed the appellant as a Security Inspector. On the 13th November 2000, the appellant was redeployed to work as a Tyre Inspector after the respondent outsourced the security services. Sometime in the year 2001 the appellant developed problems with his vision and he had to undergo two surgeries in 2002 and 2004. He later lost his vision and was forced to retire from his work on the 21st May, 2005.

That upon his retirement the appellant with help from his Member of Parliament lodged a complaint for compensation against the respondent and on 22nd August, 2006 he signed a discharge voucher for payment of Kshs.1,291,500/=. Under the discharge voucher it was indicated that the payment of the Ks…

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