Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The appellant in our view, is a third party by virtue of the fact that he was being carried in the subject motor vehicle by virtue of his contract of employment.…
…According to McGillivray on Insurance Law at paragraph 2069; “a person is carried “pursuance of” a contract of employment if it is a term that he shall be carried and; A person is carried “by reason of” a contract of employment…
Division and case type: CivilCivil Suit
…In paragraph 7.2 of the said contract of employment, the plaintiff could exercise discretion as to any information he received in connection with the assignment and which be considered harmful to the first defendant.…
…Since the contract of employment was inwriting, I am satisfied and I find that had there been an agreement reachedon 10th April, 1996, the same could have been reduced into writing.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…of employment. 28.…
…Section 5(b)(ii) expressly recognizes passengers carried “by reason of or in pursuance of a contract of employment.” 43. The evidence on record demonstrates that the Respondent was employed as a turn-boy.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…West End Distributors [1969] EA 696 (Sir Charles Newbold, P, Duffus VP & Law JA), as it was founded on the fact of the employment contract.…
…On its part, the respondent relies on the statement of claim, the contract of employment and the law.…
Division and case type: CivilCivil Case
…His contract of employment with the defendant was terminated.…
…A dismissal, as a general rule, comes about due to breach of a term of the contract of employment.…
Division and case type: CivilCivil Suit
…of employment.…
…General damages: I have already held that the defendantdeliberately created difficult conditions for the plaintiff andturned round and used them to dismiss him. it is the defendantwho was in breach of the contract of employment…
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…This is by disregarding the employment contracts which had been exhibited by the Appellant, showing that these employees had entered into contracts of employment with IPRS and not the Respondent.…
…The employment could not be implied and there was no evidence before the Tribunal that there was any contract of employment between these individual employees with the Respondent. 16.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The plaintiff claimed that the defendant’s actions were a breach of trust and a breach of her employment contract.…
…She also denied that she conducted herself in breach of trust implied in the contract of employment and/ or breach of the contract. 7.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…She stated that she was employed by the Applicant as a Corporate Finance Analyst, pursuant to a Contract of Employment dated 1st November, 2020.…
…This is vide a contract of employment dated the 1st November, 2020. 18. The Respondent contended that arbitration is not a competent dispute resolution mechanism for employment disputes.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…They further denied the existence of any term of contract of employment implied or otherwise. The Appeal. 5.…
…The question therefore is whether there was any existing contract of employment between the Appellant and the 1st Respondent in this case?…
Division and case type: CivilCivil Appeal
…In relation to a contract of employment the employee is only entitled to receive what the contract stipulates. The appellant was paid his full entitlement. No general damages are payable for dismissal of a servant.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Conversely, the employment claims, though pleaded, arise from a contract of employment with the 4th Defendant. Those claims are severable.…
…The claims strictly arising from the contract of employment, including unpaid leave, overtime, gratuity, bonus and golden parachute, fall within the exclusive jurisdiction of the Employment and Labour Relations Court.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In its defence, the Appellant denied the claim and stated that it was not liable in respect of the death of any passenger who was not being carried reason of or in pursuance of a contract of employment with the insured under…
Division and case type: High Court Judicial ReviewJudicial Review
…of employment. 31.…
…(b) Was there an express contract of employment, or if not, was there a board minute or memorandum consisting an agreement to employ the director as an employee?…
Division and case type: CivilCivil Case
…Edward Onyango Oganda, Civil Appeal No.27 of 1992 (unreported), the Court of Appeal said:- "The rule of national justice have no application to a simple contract of employment, unless the parties themselves have specifically…
…Where a notice period is provided in the contract of employment --- - then an employer needs not assign any reason for giving the notice to terminate, the contract and employer is not obliged to assign a reason, the question…
Division and case type: High Court DivCivil Appeal
…the carriage of passengers and the Respondents did not adduce sufficient evidence to establish that at the material time the vehicle was being used to carry passengers for hire or reward or by reason of or in pursuance of…
…a contract of employment although the Respondent’s witness on trial referred to the Deceased to having boarded the vehicle as an Uber. 17.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Further at paragraph 5 and 6 of the defence, the Appellant averred that the interested parties were employees of the Government under a contract of employment where motor vehicle insurance would not cover such liabilities…
…There is an allegation that the interested parties were employees of the Government under a contract of employment where motor vehicle insurance would not cover such liabilities.…
Division and case type: High Court DivCivil Appeal
…That on the 1st of September 2022 the respondent executed a contract of employment with a company not party to the suit, but instead chose to sue the wrong party.…
…That accordingly, in adherence to the contract of employment signed by the respondent, his termination was fair and justified.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Further at paragraph 5 and 6 of the defence, the Appellant averred that the interested parties were employees of the Government under a contract of employment where motor vehicle insurance would not cover such liabilities…
…There is an allegation that the interested parties were employees of the Government under a contract of employment where motor vehicle insurance would not cover such liabilities.…