NATIONAL BANK OF KENYA V. THOMAS OWEN ONDIEKI

JUDGMENT OF THE COURT

The appeal before us arises from a judgment of the High Court, where the appellant, National Bank of Kenya, claims that the court wrongly found that the respondent’s employment had been unlawfully terminated, and that as a consequence, he was entitled to terminal benefits under the contract of employment, the amount of which was to be computed by the Deputy Registrar of the court.

The appellant was aggrieved by the decision of the court and filed this appeal which is before us. One of the grounds of appeal was that the judgment was a nullity as it did not comply with the provisions of Order XX of the Civil Procedure Rules as it was neither signed nor dated by the judge who wrote and pronounced the judgment.

In his submissions, Mr. Nyairo, learned counsel for the appellant, submitted that the judgment of the High Court was neither dated nor signed contrary to the provisions of Order XX rule 3 (1) and 3 (2) of the Civil Procedure Rules, and as a consequence was a null…