JUDGMENT OF THE COURT
This is an appeal from the judgment of the High Court at Mombasa (Lady Justice J. Khaminwa) dated 12th October 2005 in HCCC No. 159 of 2003.
The appellant is Van Leer East Africa (Greif (K)) Ltd. (hereinafter “the appellant”) which company was the defendant in the superior court.
The respondent to the appeal is Baiba Dhidha Mjidho (hereinafter “the “respondent”) who was the plaintiff in the superior court.
Paragraphs 3, 4,5,6,7 and 8 of the plaint dated 10th July 2003 were in these terms together with a summary of the defence thereto:-
3 “Vide a contract of service entered between the plaintiff and the defendant, the plaintiff was employed by the defendant as a quality management coordinator with effect from 1st January 1990 on permanent and pensionable terms and rose through the ranks to the position of commercial and logistics manager on salary terms revisable from time to time with the conditions of service set out in the defendant’s letter of appointment dated 21s…