GIDEON MURIUKI & CHARLES KAMARI V. CLEOPHAS WEKESA & CO-PERATIVE BANK OF KENYA LIMITED

JUDGMENT OF THE COURT

In this appeal, we are called upon to determine whether the learned Judge of the High Court (B. P. Kubo, J) properly exercised his discretion in refusing to allow the appellants’ application under rule 13(1)(a) of Order 6 of the Civil Procedure Rules to strike out the first respondent’s suit against them.

The background

By a plaint filed in the High Court on 10^th January 2003 the 1^st respondent commenced suit against the 2^nd respondent (the bank) and against the appellants claiming that he was wrongfully dismissed from his employment with the bank in February 2002.He sought relief for loss of earnings, special and (general) damages.

In an amended plaint filed on 6^th March 2003 the 1^st respondent set out in greater detail the particulars of alleged wrongful dismissal; pleaded further that the termination of his employment was actuated by “bad faith, ulterior motives and malicious machinations ” and asserted that the appellants deliberately engineered his removal from …