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DAVID N NYAMU V. INSURANCE TRAINING AND EDUCATION REGISTERED TRUSTEES & J K NDUNGU

(2017) JELR 102797 (CA)

Court of Appeal  •  Civil Appeal 134 of 2012  •  17 Feb 2017  •  Kenya

Coram
Martha Karambu Koome, George Benedict Maina Kariuki, Philomena Mbete Mwilu

Judgement

JUDGMENT OF THE COURT

1. By a plaint filed on 9th November 2006, the appellant, David N. Nyamu filed before the High Court a suit against the respondents, Insurance Training and Education Registered Trustees and J. K. Ndungu, seeking special damages amounting to Shs.33,273,721 (being salaries, medical cover, pension fund,annual leave entitlement, unpaid medical claims and excess handing over hours). The appellant also sought general damages in respect of reasonable notice, wrongful dismissal, embarrassment, humiliation, loss of earnings and unlawful retrenchment together with costs of the suit and interest.

2. The appellant was initially employed as the 1st respondent’s Finance Controller through a letter of appointment dated 30th January 1997. He had worked for over 10 years until his termination by way of letter dated 31st August 2006 addressed to the appellant by the 2nd respondent. At the time of termination, the appellant had 5 years and 11months to work before attaining the design…

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