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SIMON Q. OGILA
V.
ATTORNEY GENERAL

(2009) JELR 96698 (CA)

Court of Appeal 15 Oct 2009 Kenya
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Case Details

Suit Number:Civil Appli 195 of 2009
Judges:Erastus Mwaniki Githinji
Location:Nairobi
Other Citations:SIMON Q. OGILA v. ATTORNEY GENERAL [2009] eKLR

R U L I N G

This is an application under Rule 4 of the Court of Appeal Rules for extension of time within which to lodge a record appeal.

The applicant intends to appeal against the ruling of the superior court (Ransley J) dated 29th September, 2004 wherein the superior court dismissed an application to review the judgment of the superior court (Aluoch J – as she then was) dated 12th October, 1995. It is manifest from that ruling that the applicant filed a suit against the respondent relating to termination of his employment on 28th August, 1989. It appears that the applicant was retired at 50 years instead of 55 years. By the suit he claimed, among other things, 5 years salary and house allowance, payment for 45 days leave and salary in lieu of 6 months notice.

The trial Judge allowed the claim for six months salary in lieu of notice but dismissed the claim for salary for 5 years on the ground that the applicant did not give evidence in support of that claim and further that there was d…

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