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OVERDRIVE CONSULTANTS (K) LTD
V.
MAZHAR SUMRA

(2020) JELR 93055 (CA)

Court of Appeal 9 Oct 2020 Kenya
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Case Details

Suit Number:Civil Appeal 123 of 2018
Judges:Martha Karambu Koome, Daniel Kiio Musinga, William Ouko
Location:Mombasa
Other Citations:Overdrive Consultants (K) Ltd v. Mazhar Sumra [2020] eKLR

JUDGMENT OF THE COURT

By a written contract dated 26th November, 2014, the respondent was employed by Overdrive Consultants Limited as a technical director for a period of 3 years from 1st December, 2014 earning a salary of Kshs. 100,000 which would be reviewable every 6 months.

According to the respondent, sometime in February 2015, he noticed that the appellant had changed its name from Overdrive Consultants Limited (“Overdrive 1”) to Overdrive Consultants (K) Limited (the appellant) without prior notice. The only addition to the original company was letter (K). As a matter of fact, all else remained the same; the company address, letterhead logo and directorship. It was the respondent’s position that, despite the changes, he was in the dark; that he was never given a new contract and his terms of employment remained the same. He continued to be in charge of the the Nairobi Branch and took care of the technical teams in Mombasa.

On 10th May, 2016, the respondent received a notice of te…

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