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)
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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…