NZOIA SUGAR COMPANY LTD V. FUNGUTUTI

JUDGMENT

(Appeal from the Judgments of the High Court at Kakamega, Gicheru and Aganyanya JJ)July 29, 1988, Apaloo JA delivered the following Judgment.

The appellant is a limited liability Company and as its name implies, is in the business of manufacturing or processing sugar. It employs a number of staff. In April 1979, one of the employees in the appellant’s payroll, was the respondent. He was an administrative clerk. The appellant also had on its staff, a man called Maurice Kisaka. He was employed as a security officer.

At 5.15 p.m. on the 20th April 1979, Kisaka called at the Webuye police station and lodged a complaint about the disappearance of a gas cooker. He said it belonged to the company and was part of furniture supplied to deceased employee of the appellant. Acccording to Kisaka’s report, the respondent took the cooker to his house and when questioned about it, was unable to give any explanation for this. Although he did not in terms say so, Kisaka implied that the responden…