Kambogo v Norwegian People’s Aid (Civil Appeal 84 of 2015) [2023] KECA 314 (KLR) (17 March 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 314
- Citation
- [2023] KECA 314 (KLR)
- Decided
- 17 March 2023
The appeal is dismissed with costs to the respondent. The Judgment and Decree of the High Court of Kenya at Nairobi (E. K. O. Ogolla, J.) delivered on February 2, 2012 in Civil Case No 774 of 2000 is hereby upheld.
Facts
The appellant, Theodore Otieno Kambogo, sued the respondent, the Norwegian Peoples Aid, claiming a sum of Kshs 15,833,910 on account of outstanding leave, half salary saved on his behalf, contributions to a provident fund, 15 days pay for each year worked, and costs. The respondent admitted the employment but denied the alleged oral agreement and the claims.
Issues
- whether the appellant was entitled to recover the amount claimed on account of alleged accumulated leave
- whether the respondent undertook to make the alleged savings of 50% of his salary on his account during the term of his employment
- whether the appellant was entitled to 15 days' pay for each year worked
Reasoning
The court found no evidence to support the appellant's claims for accumulated leave, savings of 50% of his salary, and 15 days' pay for each year worked. The court dismissed the appeal as the trial judge's decision was not flawed.
Outcome
Appeal dismissed
Orders
- The Judgment and Decree of the High Court of Kenya at Nairobi (E. K. O. Ogolla, J.) delivered on February 2, 2012 in Civil Case No 774 of 2000 is hereby upheld.
Authorities cited
Cases cited (2)
- Mursal and Another vs. Manese (suing as the legal administrator of Dalphine Kanini Manese) [2022] KEHC 282 (KLR)
- Abok James Odera T/A. A. J. Odera and Associates vs. John Patrick Machira T/A. Machira and Company
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