UNILINK KENYA LIMITED V. DAVID MERRICK EVANS

JUDGMENT OF THE COURT

The appellant, Unilink Kenya Limited , is a limited liability company incorporated in the Republic of Kenya. The respondent David Merrick Evans is a British National at present residing in Kenya. AFCO Holdings Limited (AFCO) is a company incorporated in Jersey, Channel Islands, United Kingdom.

By an agreement in writing, contained in a letter dated 5th May, 1997, AFCO confirmed the appointment of the respondent as a director of the appellant reporting to Board of Directors of AFCO. The terms and conditions of the respondent's employment with AFCO are set out in the said letter which was signed by the respondent on 12th May, 1997. In June, 1998 whilst the respondent was in South Africa AFCO terminated his contract of employment by giving him two calendar months notice to that effect. The terms of termination of the said contract of employment were settled on 20th July, 1998 in a tri-partite agreement made between the respondent, AFCO and the appellant. It is not qui…