JAMES A. MOHOL V. KENYA BREWERIES LIMITED

JUDGMENT OF THE COURT

JAMES A. MOHOL, the appellant herein was the plaintiff in Nairobi HCCC No. 1958 of 1999. By a plaint dated 7^th May 1999, he sued KENYA BREWERIES LIMITED, the respondent herein for several reliefs arising from what he termed as unlawful termination of employment by the respondent.

The respondent denied liability putting forth the defence that it had acted strictly within the appellant’s contract of employment which contained a termination clause. After the close of pleadings, the parties who were both represented by counsel, complied with the formal procedures of taking directions, filing the list of documents etc. as provided for under the civil procedure rules.

On 31^st May 2000, the representatives of both counsel took hearing dates by consent. The matter was fixed for hearing on 17^th and 18^th October 2000. The record does not indicate what happened on those days but the matter did not proceed to hearing as assigned nor did it take off on two subsequent occasions w…