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Telkom Kenya Ltd v. Jeremiah Achila Gogo & Kenya Posts & Telecommunications Corporation

(2007) JELR 94938 (CA)

Court of Appeal  •  Civil Appeal 153 of 2004  •  20 Jun 2007  •  Kenya

Samuel Elikana Ondari Bosire, Philip Nyamu Waki, John walter Onyango Otieno



The appellant, Telkom Kenya Limited, is one of the successors of Kenya Posts and Telecommunications Corporation, the defendant in Kisii High Court Civil Case No. 147 of 1999, in which Jeremiah Achila Gogo had impleaded that corporation for damages, special, among other reliefs, for alleged wrongful termination of employment. The appellant, under Legal Notice No.132 of 2001, was named as successor of the Corporation as defendant in the above suit pursuant to paragraph 5(4) of the Third Schedule to the Kenya Communications Act, Act No.2 of 1998. The schedule deals with transitional provisions.

Summons to enter appearance and the plaint in the above suit were served upon Kenya Posts and Telecommunications Corporation (KPTC). It appeared by counsel, P.B. Jilani who was then its Corporation Secretary, and later filed a written statement of defence dated 23rd July, 1999. In that defence it denied the claim. Eventually the case came up for hearing before Wambilyanga J. wh…

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