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…This is an application by Messrs A Y A Jiwaji & Jiwaji who are now acting for the defendant for dismissal of this suit for want of prosecution.…

…She prayed for the exparte orders granted to be vacated and for dismissal of the application for revision. 22. Mr. Magolo responded by stating that there was confirmation by Mr.…

…The exparte orders granted on 30th July, 2020 staying the lower court proceedings are automatically vacated by the dismissal of the application. 40.…

…Chohan applied for the dismissal of the suit with costs. The defendants did not admit any part of the claim against them and so I was left with no alternative but to dismiss the claim for lack of evidence.…

…The application was supported by the affidavit of John Macharia Muhuni, counsel who had the conduct of the suit at the time of its dismissal and whom Mr Kabuki held his brief then and on the day before that.…

…or not it was known to the employer at the time of the dismissal.…

…Justification of dismissal can accordingly be shown by proof of fact ascertained subsequently to the dismissal, or on grounds differing from those alleged at the time.”…

…In the course of his evidence he vehemently denied or rejected the defence’s contention that his conduct had eminently justified the dismissal and that he can not be entitled to any of redress sought.…

…In more specific terms it is common ground that the dismissal culminated from an inquiry by a committee which had been set up to inquire into an allegation that the plaintiff had received bribes from potential candidates…

…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.…

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

…He instituted the suit for general damages for that alleged dismissal in addition to other reliefs which are listed in the plaint.…

…For one reason or another he could not mount a second appeal against dismissal of first appeal by the High Court. The High Court dismissed his first appeal on 21st October, 1994.…

…I must, first of all, deal with the aspect of desertionfrom duty since in these proceedings the defendants have citedit as their justification for the dismissal act taken against(him (the plaintiff). Did he desert duty?…

…In the first place,the dismissal letter of 20th May, 1988 (Exh.7) does not specifythe Period during which the plaintiff had been absent from dutyand had not been working in Mombasa.…

…The matter came speedily before the Court because on the same day, that is to say, August 24th, 1988, counsel for the defendant applied for an adjournment to enable him to apply to set side the ex-parte dismissal of the application…

…From the moment he refused to allow an adjournment so that an application to set aside the ex-parte dismissal of the defendant’s application to set aside the interlocutory judgment could be made, the judge had before him…

…authorities, that where there exists a termination clause of a period specified such as in this cause, an employee in the position of the appellant as herein, was entitled to one month’s salary in lieu of notice following his dismissal…

…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.…

…trial may be forestalled, it becomes self-evident that as I am not satisfied that the Applicant has any legal right she may have is at risk of serious prejudice, the application for the interlocutory relief cries out for dismissal…

…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.…

…However, the dismissal was referred to the full court (Madan, Miller and Potter, JJA) which reference was also dismissed on December 3, 1981.…

…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.…

…However, the dismissal was referred to the full court (Madan, Miller and Potter, JJA) which reference was also dismissed on December 3, 1981.…

…The defendants therefore pray for the dismissal of the plaintiff’s suits. The two plaintiffs and another man called Abdi Mohamed were employed by one Galgalo Boru as herdsmen.…

…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 eect as a dismissal…