REPUBLIC OF KENYA
IN THE COURT OF APPEAL
CIVIL APPEAL NO 29 OF 1985
CYRUS NYAGA KABUTE .........................APPELLANTS
KIRINYAGA COUNTY COUNCIL......................RESPONDENT
November 11, 1987, Nyarangi, Platt and Apaloo JJA delivered the following Judgment.
The appellant, Cyrus Nyaga Kabute, appeals against the decision of the High Court whereby his claim was dismissed.
The plaintiff had claimed-
(i)A declaration that the plaintiff’s dismissal and / or termination of his services is null and void;
(ii)arrears of salary from July 17, 1980 to the date of judgment;
(iii)general damages for loss of employment and retirement benefits from the date of judgment to the attainment of the plaintiff 60th birthday;
(iv)aggravated damages and general damages for breach of contract; and
(v)costs of this suit.
On appeal to this the plaintiff prayed that the judgement of the high court be set aside and that the judgment be entered for the appellant as prayed in the plaint.