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JEREMIAH ACHILA GOGO
V.
TELKOM KENYA LIMITED

(2005) JELR 98067 (CA)

Court of Appeal 1 Dec 2005 Kenya
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Case Details

Suit Number:Civil Application Nai 181 of 2005
Judges:Erastus Mwaniki Githinji JA
Location:Kisumu
Other Citations:Jeremiah Achila Gogo v. Telkom Kenya Limited [2005] eKLR

RULING

The applicant seeks an order under rule 4 of the Rules of the Court (Rules) that the time prescribed by proviso to rule 80 for filing an application to strike out an appeal be extended.

The applicant sued Kenya Posts and Telecommunications Corporation (KP&TC) in HCCC No.147 of 1999 for wrongful retirement. The main reliefs sought in the plaint were:-

(a) A declaration that the purported retirement was unlawful.

(b) General damages for breach of contract,

(c) Damages for torts of injurious falsehood, negligent misstatement and conspiracy to defraud and injure

(d) Damages for loss of earnings, profits and pecuniary embarrassment.

(e) Redeployment of the plaintiff with full benefits or alternatively payment of the plaintiff’s terminal dues and benefits on termination of employment contract.

By a judgment dated 2nd April, 2003, the superior court (Wambilyangah J) found that the retirement of the applicant was wrongful and entered judgment for the applicant thus:-

“So I award the plaintiff g…

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