February 6, 1989, the following Judgment of the Court was delivered.
On 24th March, 1987 Mr Commissioner Sampson completed the trial in this action which had been commenced by Mr Justice J.S. Patel. The latter had ruled on 12th September, 1986 that the defence of the Defendant Corporation, the Kenya Film Corporation Limited, must be struck out as showing no cause of defence and for being vexatious (inter alia), under Order VI Rule 13 of the Civil Procedure Rules. Consequently there being no defence, judgment was entered as prayed in the plaint, but damages were to be assessed later. Mr Commissioner Sampson calculated the damages as amounting, in all, to Shs 71,312/-, in accordance with the findings of Mr Justice J.S.Patel. Those findings were as follows:-
“So from the above, it is clear that the Defendant Corporation has no defence at all. It was bound by decision of Mr S.W Wanjohi and he implemented his decision by reinstating the Plaintiff on 1/1/1986 and as such estopped from resumin…