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Daniel Gatihi Gachomo v. Kenya Union of Teachers Nyeri Branch

(2014) JELR 102934 (CA)

Court of Appeal  •  Civil Appeal 288 of 2012  •  22 Jan 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, James Otieno Odek, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This is the judgment of the Court with respect to a second appeal from the judgment of the High Court delivered on 30th May 2012 by which the High Court allowed the respondent’s appeal and overturned a Judgment of the Magistrate’s court awarding the appellant the sum of Kshs. 79,200.00 as terminal employment dues.

Reversing the judgment of the Magistrate’s court, the learned judge of the High Court held that “the appellant did not give particulars of his claim [of Kshs.79, 200.00] and how he arrived at that figure. He should have pleaded his loss with particularity and since he failed to do so on that basis I allow the appeal herein...”

The appellant’s complaint before this Court is that the learned judge erred in equating a liquidated claim for terminal benefits to a claim for special damages and in holding that the appellant’s claim was defective for failure to particularize it in his pleading.

The only issue for our determination in this appeal is whether the High…

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