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West Kenya Sugar Company Limited v Bushuru (Employment and Labour Relations Appeal E009 of 2022) [2023] KEELRC 549 (KLR) (2 March 2023) (Judgment)

[2023] KEELRC 549 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
549
Citation
[2023] KEELRC 549 (KLR)
Decided
2 March 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the trial courtCoramJW KELI, Lesiit, P.
Holding

The Court of Appeal will re-evaluate the evidence and draw its own conclusions on the issues of liability, quantum, and special damages, considering the principles of law and authorities cited by the Appellant.

Facts

The Appellant, West Kenya Sugar Company Limited, appealed against the judgment of the trial court in CMCC No. 66 of 2017, delivered by Honourable H. Wandera Senior Principal Magistrate, which determined liability, quantum, and special damages in a labor dispute involving Evans Bushuru.

Issues

  1. Liability
  2. Quantum
  3. Special damages

Reasoning

The Court of Appeal will re-evaluate the evidence and draw its own conclusions on the issues of liability, quantum, and special damages, considering the principles of law and authorities cited by the Appellant.

Outcome

The judgment of the trial court will be set aside with costs.

Authorities cited

Cases cited (1)
  • David Kahuruka Gitau and another v Nancy Ann Wathithi Gitau and another No. 43 of 2013
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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