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(1987) JELR 104969 (CA)

Court of Appeal  •  Civil Appeal 29 of 1985  •  11 Nov 1987  •  Kenya

James Onyiego Nyarangi, Harold Grant Platt, Fred Kwasi Apaloo



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.

The appellant has only argued one ground of appeal, namely that the learned judge erred in law and in fact in not coming to a finding upon the evidence presented to the court and laying emphasis on the …

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