JUDGMENT OF THE COURT
In a suit dated 28th May, 2007 and filed in the superior court the appellant/plaintiff who was an employee of the respondent/defendant claimed from the latter the principal amount of Kshs.7,430,406/= as general damages for breach of contract, costs of the suit and interest and any other relief the court may deem fit to grant. The basis of this claim was that the appellant who was employed by the respondent and who had worked his way up to the status of a permanent and pensionable employee was forced to retire prematurely, which made him to suffer loss and damages.
The respondent filed its defence denying the appellants claim. The case was heard by the superior court on 2nd July, 2008 and a reserved judgment delivered on 17th July, 2008. In his said judgment the learned Judge (Khamoni, J.) dismissed the appellant’s claim on the ground that the burden placed upon him in civil matter to prove his case on a balance of probabilities was not accomplished.
The appellant, d…