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Mary Wakhabubi Wafula v. British Airways PLC

(2015) JELR 105303 (CA)

Court of Appeal  •  Civil Appeal 105 of 2007  •  9 Oct 2015  •  Kenya

John Wycliffe Mwera, George Benedict Maina Kariuki, Sankale ole Kantai



In a plaint filed at the High Court of Kenya at Nairobi on 8th of May, 2001 the appellant, Mary Wakwabubi Wafula, sued her former employer, British Airways Plc, for what the appellant claimed to be a breach of an employment contract. It was averred in the plaint that the parties entered into an employment contract on 1st April, 1989 where the respondent employed the appellant and that the appellant rose through the ranks in the respondent’s establishment until the employment contract was terminated in December 2000. It was further averred in the plaint that the terms of the contract were contained, firstly, in the written contract itself as amended and, secondly, in implied terms of the same contract. One of the implied terms according to the appellant was that the respondent would, while the employment contract subsisted, conduct itself in a manner not likely to damage the relationship of trust between the appellant and the respondent. It was further averred that…

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