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…He further testified that following the termination, the Plaintiff issued a termination notice to the Defendant.…

…He reiterated that the grounds for termination were poor workmanship and delays. 24. PW1 further testified that prior to the termination there had been several site visits, some of which he attended.…

…She further stated that the clause required a thirty (30) days’ notice to cure any alleged breach before termination could lawfully be effected. 36.…

…She further relied on Clause 2 of the Agreement confirming a 12-month contractual term and Clause 15 requiring 60 days’ written notice for termination.…

…magistrate erred in finding that the mutual settlement agreement superceeded the notice of termination of employment on account of redundancy.…

…The appellant’s case is that the termination was as a result of redundancy which triggered the benefits under the insurance policy.…

…of the notice dated 26th September as an effective termination of contract, and thereby arriving at a wrong finding, yet the said notice of termination was issued by a 3rd party entirely not a party to the contract. e) The…

…That she was not satisfied with the mock set up and verbally expressed her concerns to the 3rd respondent and on the 26/9/2024 communicated her termination of the services to the 1st appellant.…

…Clause 17 deals with the mechanics of handing over the station upon the termination of the agreement.…

…On 13th June, 1994, a day before the case in the Resident Magistrate’s Court was dismissed, the appellant served a second notice of termination which was in the following terms; “Dear Sir TERMINATION OF THE OPERATOR (SIC)…

…It further stated that the Respondent failed to rectify the breach despite demand causing the Appellant to terminate the Agreement by issuing a 14-day termination notice dated 7th May 2020 (“the termination notice”).…

…On the first issue, the Adjudicator ruled that Agreement was not in dispute in view of the termination notice issued by the Appellant.…

…This section outlines the formal procedure for termination of a controlled tenancy, including the requirement to issue a proper notice of termination.…

…This notice must state the grounds for termination and be served not less than two months before the intended date of termination.…

…The process of termination was by way of a written notice from the appellant to the respondent.…

…The agreement dated 9th January 2022, and the termination email dated 9th July 2022.…

…It is, therefore, evident that there was no reasonable cause for a summary termination.…

…It appears that the learned trial judge in awarding salary upto the time of termination of service did not consider the question of the period of notice of termination.…

…tenancy" as a tenancy of a shop, hotel or catering establishment which has either not been reduced into writing, or which, though reduced into writing, is for a period not exceeding five years, or contains provisions for termination…

…Section 12(1)(l) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act expressly empowers the Tribunal to award compensation for loss incurred by a tenant upon the termination of a controlled tenancy,…

…As the termination of Plaintiff’s services from 30.12.83 was unlawful and he was reinstated on 1.1.86, the Defendant Corporation was bound to pay to him his salary, allowances and other benefits for these two (2) years and…

…any other damages that the Plaintiff may have suffered due to this wrongful and other lawful termination.”…

…of his employment with KBC, since the said termination resulted from his criminal prosecution.…

…The Defendants on their part denied playing any role in the termination process of the Plaintiff’s employment.…

…The Appellant claimed that even after the termination, he continued offering services until 2013 under the agreement which was partly in writing and partly oral and which could be inferred from the conduct of the parties.…

…That from the analysis of accounts, the trial magistrate found that the Appellant was paid for various services for the period 2005 to 2008 before termination of his services.…

…insurers, and that to hold otherwise would amount to rewriting the parties’ bargain; and second, that the Appellant had, in any event, failed to invoke clauses 10.1(b) and 10.2 of the SLA, which required a 90-day notice of termination…

…The final complaint is that the learned Adjudicator went beyond the pleadings by determining that the Appellant had failed to invoke the 90-day termination notice under clauses 10.1(b) and 10.2 of the SLA, and relied on that…

…As at the time of termination, the amount payable per guard was Ksh.12,300/-. 17.…

…Whether the finding on the date of termination constituted an error of law. e. Whether the learned Adjudicator failed to consider pleadings, evidence, or submissions. f.…

…costs, the Court is entitled to look at inter alia the conduct of the parties, the subject of litigation, the circumstances which led to the institution of the legal proceedings, the events which eventually led to their termination…

…In other words, the court may not only consider the conduct of the party in the actual litigation, but the matters which led up to litigation, the eventual termination thereof and the likely consequences of the order for…

…He stated that the respondents never issued demands for the claimed arrears and that they have never been asked to collect their items after the termination.…

…The stated reason for termination was the Appellant’s failure to sign a formal license agreement, despite repeated requests over a period of two months. Notably, the Appellant denied receiving this email.…

…The Defendant however sometime on 10th February, 2015 or thereabout did without justification purport to issue an illegal/unlawful termination notice to the Plaintiff terminating its tenancy and seeking vacant possession…

…The Defendant issued a notice of termination dated 10th March 2009 seeking to terminate tenancy on the ground that the Plaintiff refused to pay agreed rent of Kshs 101,500 and was in arrears of Kshs 10,612,563 as at 28th…

…Nor does it avail the Defendant to say that the termination was by consent rather than by adjudication. The authorities are uniform — and, notably, the authorities are the Defendant's own.…

…I have also weighed the criteria set out by Odunga J in Transglobal (supra) — the conduct of the parties, the subject of the litigation, the circumstances leading to its institution, the events leading to its termination,…