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…OF 1992) ************************** 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.…

…The reasons for dismissal were eventually not in issue as the learned judge in the superior court (Rimita J.) correctly held that the appellant (despite such alleged wrongful dismissal) was paid his full terminal dues, that…

…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.…

…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…

…Secondly, that the appellant should have been permitted to produce his agreement with the defendant and so prove what he had lost by the wrongful dismissal.…

…The latter had brought a suit against his employer claiming general damages, and special damages of Kshs 1,516.05 for wrongful dismissal. The High Court dismissed this suit with costs.…

…whether the 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, or whether instead he is on the other side of the line and holds an office or status to which the court will secure his restoration by injunction or otherwise.…