JUDGMENT OF THE COURT
The respondents in this appeal, MARIAMU ABUBAKAR IRERI and KAIMU ABUBAKAR KARWIRUA are Administrators of the estate ZABLON MWALIMU KADORI who was the plaintiff in High Court Civil Case NO. 152 of 1997 at Mombasa. He died after the entire hearing of that case had been finalized and judgment delivered by Maraga J (as he then was) on 29th July, 2005. The plaint had to be amended and was amended after the judgment in the High Court had been pronounced perhaps to enable the execution to proceed.
The deceased ZABLON MWALIMU KADORI to whom we shall henceforth refer in this judgment as the deceased, was an employee of the appellant NATIONAL CEREALS and PRODUCE BOARD (herein referred to as the Board) having been appointed Stores Clerk vide letter of appointment reference C/ST/ZM dated 24th August, 1982. He worked in that capacity from 1st November, 1982 when he accepted the appointment till 8th February, 1994 when, vide a letter reference C/ST/2215, addressed to him by the …