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…This would have obviously laid out what the plaintiff’s benefits or entitlements would have been upon dismissal in whatever manner.…

…There has been no evidence that he has genuinely looked for a job and has not been successful nor that due to the defendant’s summary dismissal nobody can give him a job.…

…Dismissal under the order and rule would only be sought on the ground of delay in prosecuting the suit.…

…In the above circumstances it is my view that the application for the dismissal of this suit for want of prosecution under O. XVI rule 5 is premature.…

…It is the plaintiff’s case that his prosecution was malicious and his dismissal wrongful.…

…With regard to wrongful dismissal, every employee in every employment except one expressly excluded by statute has the right not to be unfairly dismissed by his employer.…

…I must, first of all, deal with the aspect of desertionfrom duty since in these proceedings the defendants have citedit as their justification for the dismissal act taken against(him (the plaintiff). Did he desert duty?…

…In the first place,the dismissal letter of 20th May, 1988 (Exh.7) does not specifythe Period during which the plaintiff had been absent from dutyand had not been working in Mombasa.…

….…….4TH DEFENDANT RULING The first and second defendants have pending before court a Notice of Motion dated 27th July 2006 seeking the dismissal of this suit for want of prosecution.…

…trial may be forestalled, it becomes self-evident that as I am not satisfied that the Applicant has any legal right she may have is at risk of serious prejudice, the application for the interlocutory relief cries out for dismissal…

…(c) General damages for wrongful dismissal and breach of contractreached on 10th April, 1996. (d) A declaration that the letter dated 17th April, 1996 giving theplaintiff one month notice is irregular.…

…However, the dismissal was referred to the full court (Madan, Miller and Potter, JJA) which reference was also dismissed on December 3, 1981.…

…had not been complied with namely Clause 34 (a) (V) and (g) and in the case of Konig Kanjee the court held that the employee even though dismissed summarily was entitled to a pay for the days he had worked for before the dismissal…

…characteristics of his office as an area organiser leave him, despite the process of election which brought him to that office, substantially in the position of a servant, and so able to claim only damages for wrongful dismissal…

…2 All ER 443 in which Mr Justice Megarry held that where a judge dismissed an application for interlocutory injunction he has jurisdiction to grant the unsuccessful applicant an injunction pending an appeal against the dismissal…

…The plaintiff now appeals to this court against that dismissal.…