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Court of AppealDismissedCivil Appeal No. 122 of 1997· [1997] KECA 267 (KLR)

Johnstone K. Mwango v African Safari Club Ltd

Court of Appeal
18 July 1997
JGJ.E. GicheruROR.S.C. OmoloALA.A. Lakha
0 words in judgment
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The bottom line

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Kenya's Court of Appeal confirmed you cannot claim general damages for breach of contract, including unfair dismissal claims.

What this practically means

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Executive summary

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This was an appeal to the Court of Appeal at Mombasa by Johnstone K. Mwango against the judgment of the High Court of Kenya at Mombasa (Justice Ang'awa) dated 17th March 1997 in Civil Appeal No. 94 of 1995, which had dismissed the appellant's appeal from the Chief Magistrate's Court. The underlying claim was for an award of Shs.21,560/45 arising from the appellant's alleged dismissal by the respondent, African Safari Club Ltd. The Court of Appeal, comprising Gicheru, Omolo and Lakha JJ.A, in a single judgment of the court delivered on 18th July 1997, found no merit in the appeal. It restated the principle that no general damages can be awarded for a breach of contract, and observed that the appellant had been fortunate in the award already made in his favour. The court held itself left with no alternative but to dismiss the appeal with costs. The decision of the High Court was accordingly affirmed. The judgment is brief and contains no citation of authorities or statutory provisions, no separate opinions, and no dissent; the bench was unanimous. Its binding significance for lower courts lies in the reaffirmation that general damages are not an available head of recovery for breach of contract, including employment contracts.

Key legal issues

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Whether general damages are recoverable for breach of an employment contract

Holding

The Court of Appeal held that general damages cannot be awarded for breach of contract, and that the appellant had already been fortunate in the award made in his favour below.

Reasoning

The appellant's claim arose from his alleged dismissal and sought Shs.21,560/45. The High Court had dismissed his first appeal from the Chief Magistrate's Court. The Court of Appeal, on careful consideration, found no merit in the appeal, restating the contractual damages principle that general damages are not awardable for breach of contract, and considered the award already made in the appellant's favour sufficient. The appeal was therefore dismissed with costs.

p. 2

Legal principles established

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  • General damages are not an available remedy for breach of contract.

Court orders

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  1. 1.Appeal dismissed with costs
On appeal from
High Court of Kenya at Mombasa
Civil Appeal No. 94 of 1995
Jurisdiction invoked
First appeal to the Court of Appeal under the Civil Procedure Act (appeal from the High Court); specific provision not stated in the judgment

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Johnstone K. Mwango v African Safari Club Ltd", Case Analysis (1997). Civil Appeal No. 122 of 1997. Source:

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.