Buku v Sagar Builders Limited (Civil Appeal 360 of 2018) [2024] KECA 526 (KLR) (9 May 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 526
- Citation
- [2024] KECA 526 (KLR)
- Decided
- 9 May 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Employment and Labour Relations CourtCoramHellen Wasilwa, JW LESSIT, TUIYOTT
Holding
The court held that Buku was employed by Sagar Builders Limited as a guard from March 1, 2013, and not from February 1, 2013, as alleged. Buku is awarded costs for the appeal and at trial.
Facts
Buku claimed he was employed by Sagar Builders Limited as a day watchman from February 1, 2013, for Kshs. 8,500 per month, which he alleged was underpayment. He alleged his contract was unfairly terminated on March 1, 2014, and sought damages including underpayment of salaries and severance pay. Sagar denied Buku's employment.
Issues
- Whether there existed an oral contract of service between Buku and Sagar Builders Limited
- The validity of Buku's claim for underpayment and damages
Reasoning
The court found that Buku's testimony was inconsistent with the evidence presented, and the correct date of employment was March 1, 2013.
Outcome
Affirmed
Orders
- Costs for the appellant
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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