[1997] KECA 267 (KLR)
The Court of Appeal held that general damages are not awardable for breach of contract, including employment contracts. The appellant had already received an award in his favour, and there was no legal basis for granting further compensation. The appeal was therefore dismissed with costs to the respondent.
Source-derived case information.
- Citation
- [1997] KECA 267 (KLR)
- Parties
- Appellant: Johnstone K. Mwango; Respondent: African Safari Club Ltd
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 122 of 1997
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment
- Outcome
- appeal dismissed with costs
- Judges
- JE Gicheru
- Legal Topics
- Unlawful Dismissal, Breach of Employment Contract
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnstone K. Mwango
Appellant
African Safari Club Ltd
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Legal Issues
- 1 Whether the appellant was entitled to general damages for alleged wrongful dismissal from employment.
- 2 Whether the award made by the lower court was justified.
Ratio Decidendi
The Court of Appeal held that general damages are not awardable for breach of contract, including employment contracts. The appellant had already received an award in his favour, and there was no legal basis for granting further compensation. The appeal was therefore dismissed with costs to the respondent.
Court Disposition
appeal dismissed with costs
Orders
- The appeal is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT MOMBASA (CORAM: GICHERU, OMOLO & LAKHA JJ.A) CIVIL APPEAL NO.122 OF 1997
BETWEEN
JOHNSTONE K. MWANGO....................................APPELLANT AND AFRICAN SAFARI CLUB LTD................................RESPONDENT
(Appeal from the judgment of the High Court of Kenya at Mombasa (Justice Ang'awa) dated 17th March, 1997
in CIVIL APPEAL NO. 94 OF 1995) *******************
JUDGMENT OF THE COURT
This is an appeal from the judgment of the superior court dismissing the appellant's appeal from the decision of the Chief Magistrate's Court seeking an award of Shs.21,560/45 arising from his alleged dismissal.
We see no merit in this appeal. No general damages can be awarded for a breach of contract. The appellant has been fortunate in the award made in his favour.
On our part upon a careful consideration of this matter we are left with no alternative but to dismiss this appeal with costs.
Dated and delivered at Mombasa this 18th day of July, 1997.
J.E. GICHERU
...............
JUDGE OF APPEAL
R.S.C. OMOLO
...............
JUDGE OF APPEAL
A.A. LAKHA
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR