Judgment[1988] KECA 58
Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…In my view, the question of ownership was nally determined by the dismissal of the appeal led by Ayub Wasike before the Kakamega African Court of Appeal in Land Case No 336 of 1957.…
…reasoning and conclusion applies equally to a “judgment pronounced” against a plainti under r 178 of the Rules of court, that such judgment must be deemed to be a decision on the merits and must have the same eect as a dismissal…