PETER MURIITHI MWARANIA
V.
FAMILY BANK LIMITED & ANOTHER

JUDGMENT OF THE COURT

This is an appeal against the judgment of Radido, J. delivered on 5^th December 2014. A brief background to this appeal is that the appellant PETER MURIITHI MWARANIA, filed a statement of claim dated 24^th January 2014. FAMILY BANK LTD and the REGISTERED TRUSTEES OF FAMILY BANK LTD STAFF RETIREMENT SCHEME, the 1^st and 2^nd respondents herein were named as the 1^st and 2^nd respondents therein. The respondents did not file a response to the appellant's statement of claim, save for filing a memorandum of appearance dated 20^th February 2014.

Thereafter the hearing was conducted by Radido, J. who recorded the evidence of the appellant. No other witness was called. In a judgment dated 5^th December 2014, the learned Judge ordered as follows:-

i) “THAT a declaration be and is hereby issued that the Claimant's summary dismissal was unfair

ii) THAT the 1st respondent do pay to the Claimant the sum of Kshs 2,242,562.30 as more particularly set forth hereunder:-

(a) 3 months' salary …