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GIDEON MURIUKI & ANOTHER
V.
CLEOPHAS WEKESA & ANOTHER

(2015) JELR 97134 (CA)

Court of Appeal 27 Mar 2015 Kenya
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Case Details

Suit Number:Civil Appeal 3 of 2006
Judges:Roselyn Naliaka Nambuye, Philomena Mbete Mwilu, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Gideon Muriuki & another v. Cleophas Wekesa & another [2015] eKLR

JUDGMENT OF THE COURT

In this appeal, we are called upon to determine whether the learned Judge of the High Court (B. P. Kubo, J) properly exercised his discretion in refusing to allow the appellants’ application under rule 13(1)(a) of Order 6 of the Civil Procedure Rules to strike out the first respondent’s suit against them.

The background

By a plaint filed in the High Court on 10th January 2003 the 1st respondent commenced suit against the 2nd respondent (the bank) and against the appellants claiming that he was wrongfully dismissed from his employment with the bank in February 2002.He sought relief for loss of earnings, special and (general) damages.

In an amended plaint filed on 6th March 2003 the 1st respondent set out in greater detail the particulars of alleged wrongful dismissal; pleaded further that the termination of his employment was actuated by “bad faith, ulterior motives and malicious machinations ” and asserted that the appellants deliberately engineered his removal from …

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