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…There is no provision for revival of dismissal, except by the plaintiff filing a fresh action. Yet, any dismissal under rule 4, is a bar to a fresh suit.…

…The position is that the dismissal cannot be set aside.”…

…************************** JUDGEMENT OF THE COURT This is a second appeal from the decision of the Resident Magistrate’s Court in Nairobi by which the respondent was awarded Shs.85,000/- as general damages for wrongful dismissal…

…In a claim by an employee against his employer for damages for wrongful dismissal, such damages are limited to the amount the employer would have been obliged to pay if he had brought the contract to an end in accordance…

…XVI Rule 5 are restated:- “If within three months after: - (a) the close of the pleadings … the plaintiff does not set down the suit for hearing, the defendant may either set the suit down for hearing or apply for its dismissal…

…When he was faced with the same situation in the first application for dismissal for want of prosecution, Mulwa, J. declined to do so in the interests of justice because as he put it the dismissal would have affected numerous…

…March 1977, indicated that the appellant had wilfully, that is to say on grounds that were not valid, refused to accept his posting to Kakamega, and he was warned that his “persistent insubordination” would lead to his dismissal…

…The letter referred to a memorandum written by his counsel, which I presume, had the effect of translating the situation from one of dismissal without rights to one of retirement in the public interest.…

…It follows that once an employee has been dismissed, whether rightly or wrongly, the dismissal stands, and if the contract has been broken by the employer, damages for breach of contract is the remedy to which the employee…

…The problem with this interpretation is that dismissal is neither automatic on conviction, nor is reinstatement automatic on acquittal under the regulations. There is an area of discretion on each side of the line.…

…The respondent’s claim was based on alleged wrongful dismissal. The respondent was an employee of long standing of the appellant. The claim is not insubstantial.…

…In this case as there was no denial at all of the allegation of the alleged wrongly dismissal and in any event there was no application made to the judge orally or otherwise to amend the defence, we see no point in letting…

…For one reason or another he could not mount a second appeal against dismissal of first appeal by the High Court. The High Court dismissed his first appeal on 21st October, 1994.…

…That application (No. 72 of 1997) was dismissed, but the reasons for its dismissal are not before us. On 11th September 1997, he filed a similar application, to wit Civil Application No 238 of 1997.…

…Likewise, the reasons for its dismissal are not before us.What is, however, clear is that both applications were fully heard but were dismissed for lack of merits.…

…The appellant being dissatisfied with the dismissal of his two said applications appealed to the High Court at Kakamega in its civil appeal No 14 of 1986.…

…The termination was said to last for 24 months and as a result he claimed damages for wrongful dismissal and the payment of his salary and allowances for 24 months.…

…In answer to those claims Mr Sampson held that the Appellant had not proved that he was entitled to any general damages for wrongful dismissal because it was not wrongful termination which had caused the Plaintiff to be unemployable…

…It is that dismissal that is now the subject of the reference before us. At the hearing of this reference on 18th December, 1996, Mr.…

…He also complained of the delay in delivering reasons for dismissal of his appeal by the three judges of appeal. By so doing, Mr Matiba expected a response from the respondent and none other.…

…An application to strike out the petition as being incompetent, was dismissed by the Election Court and a Notice of Appeal against this dismissal was filed in this Court.…

…That appeal was not actually upon the question of summary dismissal. It was actually upon the process of review. But it has been followed in essence. There are several aspects which may be misleading.…

…The dismissal of his summons in Miscellaneous Application 333 of 1983 rankled, however, so the applicant, by another summons in chambers asked the same judge to review it giving as the main ground for doing so the provisions…

…Not even the last paragraph, it would seem, has resolved the dispute about the costs of the dismissal of the first summons in chambers.…

…2 years with no provision relating to termination of appointment, the position would be that the appointment would be considered as terminated at the expiry of 2 years – barring of course, causes giving rise to summary dismissal…

…The appeal filed against the ruling of the learned judge ordering dismissal of the suit but deferring such dismissal until the application for amendment was heard has already been struck out as that appeal was filed without…

…appellant applied to this court under rule 5(2)(b) of the Court of Appeal Rules in Civil Application No 69 of 1986 praying that the court be pleased to grant an injunction pending the hearing of the intended appeal against the dismissal…

…The appeal to this court is as a result of the dismissal of the application.…

…section 11; or (b) where an appeal is entered under section 11 and dismissed, on the expiry of the time limited for appeal under section 13; or (c) where a further appeal is entered under section 13 and dismissed, on that dismissal…

…It is that dismissal that is now the subject of the reference before us. At the hearing of this reference on 18th December, 1996, Mr.…