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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

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 respondent filed a suit against him seeking to recover more than Shs 320,000/-, as money earned and received, salary in lieu of notice and the costs of replacement of a vehicle belonging to the respondent and said to have been damaged by the appellant.

The respondent then applied for a temporary injunction under order 39 of the Civil Procedure Rules (cap 21) to restrain the appella…

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