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Mcdouglas Kagwa v. Weekly Review LTD.

(1992) JELR 99161 (CA)

Court of Appeal  •  Civil Appeal 39 of 1989  •  6 Nov 1992  •  Kenya

Coram
Johnson Evan Gicheru, Richard Otieno Kwach, Joseph Raymond Otieno Masime

Judgement

IN THE COURT OF APPEAL IN NAIROBI

(Coram: Masime, Gicheru and Kwach JJ A)

CIVIL APPEAL NO 39 OF 1989

Between

MCDOUGLA KAGWA.....................................APPELLANT

AND

WEEKLY REVIEW LIMITED.......................RESPONDENT

(Appeal from the Order of the High Court of Kenya at Nairobi (Mr Jusctice Rauf) dated the 24th day of January, 1989

in

HCCC No 4903 of 1988)

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

JUDGMENT

In December 1983, Weekly Review Ltd (the respondent), employed McDouglas Kagwa (the appellant), as a Chief Accountant. At that time, the appellant represented to the respondent that he was a Kenyan citizen and a Certified Public Accountant (CPA).

On 27th November, 1988, the appellant ceased to be an employee of the respondent. There is a great deal of conflict with regard to the manner in which the termination of the appellant’s employment came about. The appellant says he resigned but the respondent says the appellant was dismissed after he had absconded. Anyway, shortly after the appellant left, the…

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