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…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…

…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.…

….…….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.…

…That order deals with the setting aside of judgment entered in default of attendance on the date of hearing or the dismissal of a suit for the same reason.…

…The respondent should consider himself lucky that instead of seeking the dismissal of the said suit for want of jurisdiction, the applicant has instead opted to have the suit transferred to a court with competent jurisdiction…

…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…

…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.…

…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.…

…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.…

…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.…

…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.…

…I also note that no such a request may have been made following Judge Cockar’s dismissal of the application to set aside the award in the Probate and Administration Cause No. 342 of 1987.…

…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…

…His list of authorities cited the case of Mukisa Biscuit Manufacturing Co Ltd Vs West End Distributors Ltd [1969] EA 696 A case dealing with the dismissal of the suit and the courts inherent jurisdiction.…

…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…

…The 1st respondent in his written statement of defence and counter-claim prayed for a dismissal of the suit and a declaration that the appellant was a trustee for the 1st respondent for half of the suit premises.…

…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…

…Against that dismissal, the appellant appeals to this court and has put forward seven grounds of appeal.…

…This appeal from the dismissal of the appellant’s Originating Summons is based on 7 grounds which can be condensed as following:- 1.…