JUDGMENT OF THE COURT
This is an appeal from the judgment of the learned Commissioner of Assize Khaminwa (as she then was) in which she gave judgment in favour of Samuel N. Nguti, the respondent herein, (the plaintiff in the superior court).
The respondent, as the plaintiff, filed a suit in the superior court seeking judgment against the appellant (Brooke Bond (K) Ltd). The relevant paragraphs of the plaint were as follows:-
“3. The plaintiff states that he was an employee of the Defendant Company from January 1970 to 18th May, 1994 wherein he worked in several positions in the Accounts Departments and his last position being an Assistant Finance Accountant.
4. The plaintiff states that on 18th May, 1994 the Defendant purported to dismiss the plaintiff from the said employment unlawfully but later the Defendant changed the said purported termination to normal termination where the plaintiff was to be entitled to normal retirement benefits in accordance with the regulations governing the r…