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Spicers Eastern Africa Limited v. Azad G Esmail

(2006) JELR 96425 (CA)

Court of Appeal  •  Civil Appeal 221 of 2003  •  13 Oct 2006  •  Kenya

Emmanuel Okello O'Kubasu, John walter Onyango Otieno, William Shirley Deverell



This is an appeal from the judgment of the superior court (A.Visram J) dated 3rd July 2003 in relation to a dispute between Azad Gulam Hussein Esmail (hereinafter “Azad”) who was the plaintiff in the High Court and is the respondent in the appeal and Spicers (Eastern Africa) Limited (hereinafter “Spicers”) which was the defendant in the High Court and is the appellant in this appeal.

It was not disputed that Azad had been employed by Spicers which employment began on 19th June 1972. It was pleaded in paragraph 6 of the plaint that “....in or around the year 1985 defendant further engaged the plaintiff to work as a company secretary for the following sister companies:

1. Spicers Argos EA Ltd.

2. Spicers Kenya Ltd.

3. Archers Cabs Ltd.

4. Spicers International Ltd.”

The plaintiff states that the work for the sister companies was agreed to be additional work and was indeed additional assignment (sic). The plaintiff agreed with the defendant to expressly or impliedly pay…

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