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Shimba Tourist Services Limited v. Wilson Mise Kigani

(1997) JELR 94264 (CA)

Court of Appeal  •  Civil Appeal 135 of 1994  •  29 Sep 1997  •  Kenya

Coram
Gurbachan Singh Pall, Akilano Molade Akiwumi, Richard Otieno Kwach

Judgement

JUDGEMENT OF THE COURT

This is a second appeal from the decision of the Resident Magistrate’s Court in Nairobi by which the respondent was awarded Shs.85,000/- as general damages for wrongful dismissal.

The law on the point in issue is well settled. In a claim by an employee against his employer for damages for wrongful dismissal, such damages are limited to the amount the employer would have been obliged to pay if he had brought the contract to an end in accordance with its terms by giving either the proper notice or salary in lieu thereof. General damages are not recoverable.

In the result, this appeal is allowed, the judgment and decree of the Resident Magistrate is set aside and substitute therefor an order dismissing the respondent’s claim with costs. The money deposited in African Banking Corporation to be paid out to the appellant.

Dated and delivered at Nairobi this 29th day of September, 1997.

R.O. KWACH

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JUDGE OF APPEAL

A.M. AKIWUMI

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