JUDGMENT OF THE COURT
Background
This appeal arises from the judgment of the High Court of Kenya at Nairobi delivered by Mr E.M. Githinji, J (as he was then) on 12th November, 2004.
The respondent who was the plaintiff in HCCC No. 2772 of 1997, sued the appellant for various liquidated sums for alleged breaches of his contract of employment with the appellant which was terminated on 3rd October, 1997. These breaches were in respect of non payment of school fees by the appellant for the respondent’s daughter, failure to meet removal expenses for the respondent’s personal effects on his return to his home in South Africa and the value of the respondent’s goods which were sold by AGS Kenya expenses. The total claim as pleaded amounted to KShs.8,116,767/-; Sterling Pounds 6,000 and interest on both sums as well as costs of the suit. The appellant denied the respondent’s claims and claimed a set-off of KShs.2,201,355/- against the respondent.
Following negotiations, the parties recorded a cons…