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Telcom Kenya Limited as Successor to Kenya Posts & Telecommunications Corporation Under Legal Notice No. 158 of 1999 v. Paul Gachanga Ndarua

(2012) JELR 94284 (CA)

Court of Appeal  •  Civil Appeal (Applicatoin) 237 of 2003  •  4 May 2012  •  Kenya

Coram
John walter Onyango Otieno, David Kenani Maraga, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

In an amended plaint dated 9th April, 2001 and filed on 10th April, 2001, the respondent in this appeal Paul Gachanga Ndarua, stated at paragraph 4 as follows:

“By a written contract as contained in a letter of appointment (Ref SOII/SC) dated the 20th day of May, 1991, emanating from the office of the Managing Director of the Defendant addressed to the Plaintiff, the Defendant appointed the Plaintiff as a “Project Co-ordinator/Consultant for a period of two (2) years from 2nd January, 1991 “on terms applicable to consultants and as particularly detailed this letter of offer .... The plaintiff duly accepted the appointment by counter-signing the said letter of appointment.”

At paragraph 5, the respondent stated further that he subsequently rendered services to the appellant, the then Kenya Posts and Telecommunications Corporation herein, at the appellant’s request and interest for which the respondent was entitled to be paid in terms of the letters of appointment par…

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