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SERGII GERGEL V. ARFA AFRA LTD T/A IMAX AFRICA LTD

(2020) JELR 95294 (CA)

Court of Appeal  •  Cause . 234 of 2019  •  8 Jan 2020  •  Kenya

Coram
Byram Ongaya

Judgement

RULING

The claimant filed the statement of claim on 08.04.2019 through Maranga Nyangute and Company Advocates. The claimant prayed for judgment against the respondent for:

a) A declaration that the claimant’s services were wrongfully, un-procedurally, unlawfully, and unfairly terminated in the circumstances and the claimant is entitled to compensation of his terminal dues as detailed in the sum of Kshs. 3, 577, 680.00 being:

i. Salary for 4 months for the year 2016 (120,000 x 4) Kshs.480, 000.00.

ii. Salary for 12 months for 2017 Kshs.120, 000 x 12) Kshs. 1, 440, 000.00.

iii. Salary for 11 months in 2018 (120,000 x 11) Kshs.1,320, 000.00.

iv. 1 month salary in lieu of notice Kshs.120, 000.00.

v. NSSF Kshs.10, 080.00.

vi. NHIF Kshs.47, 600.00.

vii. House Allowance Kshs.40, 000.00 per month for 4 months Kshs.160, 000.00.

b) Damages for unfair, wrongful, and un-procedural termination.

c) Cost of the suit and interest at Court rates from the time of filing the claim till full and final payment.

d) An…

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