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…But the employee is under duty to mitigate hisloss by taking other employment which is suitable andavailable.…

…employment.…

…He denied having forged the photocopy certificate S/No NAC/5202 (Ex 1) which he used to secure employment at the Kenya Polytechnic.…

…It is not in dispute that the appellant committed the offence in order to secure employment.…

…The said contract also contained a provision by which the employment of the appellant could be terminated by one months’ notice. The respondent on 15th February, 1992, terminated the appellant’s services.…

…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.…

…According to PW1 he had provided his workers with other essential household goods like beds, mattresses, brooms, blenders etc. which they were to use while in employment. This was confirmed by the Appellant.…

…PW1further admits Appellant had his permission to use the items while in his employment.…

…The plaintiff’s claim relates to alleged wrongful summary dismissal from his employment by the defendants.…

…The defence is that the plaintiff’s dismissal from employment was proper and does not provide him with a cause of action in the suit. That is certainly an arguable point.…

…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…

…to take all reasonable precautions for the safety of the plaintiff while he was engaged upon the said employment, not to expose the plaintiff to a risk to damage or injury of which they knew and ought to have known and to…

…The remaining years of employment were only 4. Considering that he would have moved into private sector as his wife said he had a garage opened to operate on retirement.…

…The plaintiff in the present case is still retained in his employment but the fact that the peri-arthritis in the right shoulder is a permanent feature has to be taken into account.…

…DEFENDANTS JUDGMENT By this action the plaintiff seeks to recover from the defendants damages for the personal injuries which he suffered when the upper wall of the pit in which he was working in the course of his employment…

…The plaintiff’s residual disability when combined with the fact that he is illiterate render him totally unfit for any gainful employment.…

…On the 10th October, 1987, he was injured in the course of his employment with the Defendant.…

…It was the unanimous opinion of the 3 surgeons that the severe injuries which he sustained have almost utterly destroyed his opportunities in the employment market and have permanently consigned him as a dependant of another…

…The third defendant by reason of his being their employer and the assault having been committed by the first two defendants in the course of their employment is also liable.…

…He further alleges that at the time of the accident the two vehicles were being driven by their respective drivers as the servants or agents of their respective owners in the course of their employment and/or within the scope…

…He further alleges that at the time of the accident the two vehicles were being driven by their respective drivers as the servants or agents of their respective owners in the course of their employment and/or within the scope…

…that on diverse dates between 9-10-96 and 8-11-96 he in Harbour House along Moi Avenue in Mombasa he being servant to Maersk (K) he stole from the said company KShs.938,138/30 which came to his possession by virtue of his employment…

…that on diverse dates between 9-10-96 and 8-11-96 he in Harbour House along Moi Avenue in Mombasa he being servant to Maersk (K) he stole from the said company KShs.938,138/30 which came to his possession by virtue of his employment…

…He intends to return to his home in Bomani location, Kitui where, with his new skills, he will try to find employment but he thinks his prospects are dim.…

…The Defendant has not alleged anywhere that the person piloting the Ferry at the time of the accident was not doing so in the course of his employment.…

…He intends to return to his home in Bomani location, Kitui where, with his new skills, he will try to find employment but he thinks his prospects are dim.…