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Silas Njiru Catholic Diocese of Meru v. Andrew Kiruja

(2010) JELR 96461 (CA)

Court of Appeal  •  Civil Appeal 312 of 2004  •  10 Dec 2010  •  Kenya

Coram
Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

By his re-amended plaint dated 27th April 2001, Andrew Kiruja, the respondent, in this first and last appeal, impleaded the Rt. Rev. Silas Njiru, and the Catholic Diocese of Meru, the 1st and 2nd appellants respectively, jointly and severally for pension benefits, gratuity, post retirement monthly benefits and salary lost for the period May 1999 to April 2009 at the rate of Kshs.9,140/= per month. By their amended joint defence the appellants denied the claim and prayed that the suit be dismissed with costs. The respondent’s suit was heard fully by Mulwa J. He received evidence from the respondent and two witnesses who testified on behalf of the appellants, but for reasons which are not apparent on the record he did not prepare the judgment in the case. Instead, with the consent of counsel for the parties, Sitati J. prepared the judgment on the basis of the evidence on record. That approach is permissible pursuant to the provisions of O.XVII rule 10 of the Civil …

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