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Southern Engineering Company Ltd v. Mutia

(1985) JELR 95228 (CA)

Court of Appeal  •  Civil Appeal 46 of 1983  •  10 Sep 1985  •  Kenya

Coram
John Mwangi Gachuhi, James Onyiego Nyarangi, Alan Robin Winston Hancox

Judgement

IN THE COURT OF APPEAL AT MOMBASA

(Coram: Hancox, Nyarangi JJA and Gachuhi Ag JA )

CIVIL APPEAL NO. 46 OF 1983

Between

SOUTHERN ENGINEERING COMPANY LTD .........APPELLANT

AND

MUTIA.....................................................................RESPONDENT

(Appeal from the High Court at Mombasa, Schofield J)

JUDGMENT

September 10, 1985, Hancox J A delivered the following Judgment.

The Respondent, who was aged 39 years at the material time and was a family man with six children, was employed by the Appellant Company, the Southern Engineering Company Ltd, as a casual labourer in 1976. The Appellants marine engineers, ship repairers, boat builders, and have a factory and shipyard at Mbaraki.

From March 1, 1978, the respondent was engaged on permanent terms by the Company as a mason and also to assist in the carpentry part of the business. When there was no masonary work he would be assigned to the carpentry section, the foreman of which was Mr. Andrew Muli. Mr. Muli would detail the work which t…

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