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Doge v. Kenya Canners Ltd

(1985) JELR 104931 (CA)

Court of Appeal  •  Civil Appeal 11 of 1983  •  2 Apr 1985  •  Kenya

Coram
James Onyiego Nyarangi, Harold Grant Platt, Alan Robin Winston Hancox

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Hancox, Nyarangi JJA and Platt Ag JA)

CIVIL APPEAL NO. 11 OF 1983

Between

DOGE ....................................................................APPELLANT

AND

KENYA CANNERS LIMITED..............................RESPONDENT

(Appeal from the High Court at Nairobi, Gachuhi J)

JUDGMENT

The respondent company sued the appellant in the High Court for vacant possession of a house which, so it alleged in its plaint, was given to the appellant, in the course of this employment as:

“a house to stay in one of the plaintiff’s estates.”

The plaint then goes on to say that the appellant was formally removed as a director by a resolution at an extraordinary general meeting of the respondent held on May 29, 1980. Prior to that his services with the respondent were allegedly determined by a notice served on his servant or agent on April 18, 1980, within thirty days thereof. These facts are sworn to in the affidavit of the financial director of the respondent. Mr Bachman, …

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