[1997] KECA 100 (KLR)
The Court of Appeal held that the law is settled regarding damages for wrongful dismissal: an employee is only entitled to damages equivalent to the notice period or salary in lieu thereof, as stipulated in the employment contract. General damages are not recoverable in such cases. The lower courts erred in awarding...
Source-derived case information.
- Citation
- [1997] KECA 100 (KLR)
- Parties
- Appellant: Shimba Tourist Services Limited; Respondent: Wilson Mise Kigani
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 135 of 1994
- Procedural Posture
- Civil Appeal / Second Appeal From High Court Judgment
- Outcome
- appeal allowed; respondent's claim dismissed with costs
- Judges
- RO Kwach, AM Akiwumi, GS Pall
- Legal Topics
- Wrongful Dismissal, Damages for Termination, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Shimba Tourist Services Limited
Appellant
Wilson Mise Kigani
Respondent
Procedural Posture
Civil Appeal / Second Appeal From High Court Judgment
Legal Issues
- 1 Whether the respondent was entitled to general damages for wrongful dismissal.
- 2 What is the proper measure of damages in cases of wrongful dismissal under Kenyan law.
Ratio Decidendi
The Court of Appeal held that the law is settled regarding damages for wrongful dismissal: an employee is only entitled to damages equivalent to the notice period or salary in lieu thereof, as stipulated in the employment contract. General damages are not recoverable in such cases. The lower courts erred in awarding general damages to the respondent. Consequently, the appeal was allowed, the judgment and decree of the Resident Magistrate were set aside, and the respondent's claim was dismissed with costs. The money deposited in the African Banking Corporation was ordered to be paid out to the appellant.
Court Disposition
appeal allowed; respondent's claim dismissed with costs
Orders
- Judgment and decree of the Resident Magistrate set aside.
- Respondent's claim dismissed with costs.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NAIROBI
CIVIL APPEAL 135 OF 1994
SHIMBA TOURIST SERVICES LIMITED......................................APPELLANT
AND
WILSON MISE KIGANI..........................................................RESPONDENT
(Appeal from the judgment of the High Court of Kenya at Nairobi (Dugdale J)
dated21st February, 1994
IN
H.C.C.C. NO. 114 OF 1992)
**************************
JUDGEMENT OF THE COURT
This is a second appeal from the decision of the Resident Magistrate’s Court in Nairobi by which the respondent was awarded Shs.85,000/- as general damages for wrongful dismissal.
The law on the point in issue is well settled. In a claim by an employee against his employer for damages for wrongful dismissal, such damages are limited to the amount the employer would have been obliged to pay if he had brought the contract to an end in accordance with its terms by giving either the proper notice or salary in lieu thereof. General damages are not recoverable.
In the result, this appeal is allowed, the judgment and decree of the Resident Magistrate is set aside and substitute therefor an order dismissing the respondent’s claim with costs. The money deposited in African Banking Corporation to be paid out to the appellant.
Dated and delivered at Nairobi this 29th day of September, 1997.
R.O. KWACH
………….....……….
JUDGE OF APPEAL
A.M. AKIWUMI
…………………….
JUDGE OF APPEAL
G.S. PALL
……………..……..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR