Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…The grounds of appeal aver that the learned judge acted on a wrong principal of law in holding that the appellant was not entitled to the claim for a year’s salary under the contract of employment.…
Division and case type: CivilCivil Appeal
…In relation to a contract of employment the employee is only entitled to receive what the contract stipulates. The appellant was paid his full entitlement. No general damages are payable for dismissal of a servant.…
Division and case type: CivilCivil Appeal
…The plaintiff’s claim, which stands unanswered, is that it was a term of the contract of employment and / or it was the duty of the employer to take all reasonable precautions for the safety of the plaintiff while at work…
…That exposition finds support in paragraph 562, Halsbury’s Laws of England, 4th Edition Vol 16 which is in the following terms:- “It is an implied term of the contract of employment at common law, that an employee takes upon…
Division and case type: CivilCivil Appeal
…At all material times the plaintiff was employed by the defendant as a loading booking clerk. 4) It was a term of the said contract of employment between the plaintiff and the defendant and/or it was the duty of the defendant…
…The plaintiff can pursue his remedies on contract of employment. The period of limitation in respect of cause of action founded on contract had not expired when this suit was filed. The plea of limitation fails.…
Division and case type: CivilCivil Appeal
…Paragraph 4 of the plaint which was admitted in the defence filed on behalf of the defendant is in the following terms: (4) It was a term of the said contract of employment between the defendant(s) and the plaintiff and or…
…(3) If so, was the said accident caused by the negligence and/or breach of contract of employment on the part of the defendants, its (sic) servant or agent as alleged in the plaint?…
Division and case type: CivilCivil Appeal
…It is not normally a term of the contract of employment that the employer, dismissing an employee for good cause, should state the ground for the dismissal; and, provided good ground existed in fact, it is immaterial whether…