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Julius Masiva Obuga v. Kenya Broadcasting Corporation

(2019) JELR 100462 (CA)

Court of Appeal  •  Civil Appeal 54 of 2015  •  30 Dec 2019  •  Kenya

Coram
Hannah Magondi Okwengu, Jamila Mohammed

Judgement

IN THE COURT OF APPEAL

AT ELDORET

(CORAM: GITHINJI, H. OKWENGU and J. MOHAMMED, JJ.A)

CIVIL APPEAL NO 54 OF 2015

BETWEEN

JULIUS MASIVA OBUGA.........................................APPELLANT

AND

KENYA BROADCASTING CORPORATION......RESPONDENT

(An appeal from the judgment of the High Court at Eldoret (Nambuye, J) dated 3rd November 2004 in HCCC No 35 of 1995)

****************

JUDGMENT OF J. MOHAMMED JA

Background

1. Julius Masiva Obuga (the appellant), was the unsuccessful plaintiff in the High Court in HCCC No. 35 of 1995 where he had sued the Kenya Broadcasting Corporation (the respondent), claiming general damages for unlawful dismissal, payment of pension arrears, full terminal benefits, costs and interest arising out of his employment by the respondent as a Senior Technical Operator.

2. The appellant’s claim as can be gleaned from the amended plaint filed on 22nd March, 1993 is that the appellant was the employee of the respondent in the capacity of Senior Technical Operator; that on or about 1…

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