JAPHETH NATSE IFEDHA V. COLLINDALE SECURITY COMPANY LIMITED

JUDGMENT OF THE COURT

Background

This is an appeal from a decision of the High Court, Visram, J [as he then was] rendered on 22^nd February, 2005.

According to the plaint, the appellant, JAPHETH NATSE IFEDHA, sued his former employer, COLLINDALE SECURITY COMPANY LIMITED, the respondent, in the Chief Magistrate's Court at Milimani, Nairobi wherein he sought inter alia the following orders:

“general damages for pain and suffering and for loss of amenities; general damages for breach of contract; special damages; exemplary/punitive damages for inhuman conduct, costs of the suit and interest from the respondent in respect of injuries sustained in the course of his employment.”

After hearing the parties, the trial court, (Hon. E. N. Maina), found that there was no basis of a claim against the respondent and dismissed the appellant's suit. Aggrieved by that decision, the appellant preferred an appeal to the High Court. The High Court dismissed the appeal with costs and held inter alia that there…