Manuchar Kenya Limited v Dennis Odhiambo Olwete [2020] KEELRC 582 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 582
- Citation
- [2020] KEELRC 582 (KLR)
- Decided
- 30 July 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling by Hon. E.K. Makori, CMCoramChepkwony, Ogola, Prof. J.B Ojwang
Holding
The judgment delivered by Hon. Nang’ea, CM on 18th January 2016 and all consequential orders were irregular for want of jurisdiction.
Facts
The Respondent was injured in an accident on 8th August 2014, after the enactment of the Work Injury Benefits Act (WIBA) in 2007. The Appellant sought to set aside the judgment and release assets held on account of the judgment.
Issues
- Whether the Magistrate's Court had jurisdiction to try the work injury claim
- Whether the judgment and orders were irregular for want of jurisdiction
Reasoning
The Court of Appeal and the Supreme Court held that all work injury claims arising after the enactment of WIBA in 2007 were to be processed within the procedure set out in the Act and the original jurisdiction of the courts was thus ousted.
Outcome
The judgment and orders were set aside, and the assets held on account of the judgment were released to the Appellant.
Orders
- The judgment delivered by Hon. Nang’ea, CM on 18th January 2016 and all consequential orders were set aside.
- Any assets, including money, held on account of the said judgment be released to the Appellant.
Remedies
- The Appellant be granted leave to defend the suit.
- The Respondent and his appointed auctioneers and agents, MS Makini Auctioneers be compelled to unconditionally release back to the Appellant Crane/Forklift registration number KHMA 184K removed by the Auctioneers on 16th October 2018.
Authorities cited
Legislation (1)
- Work Injury Benefits Act (WIBA)
Cases cited (2)
- Law Society of Kenya v Attorney General & another (supra)
- Owners of Motor Vessel “Lillian S” v Caltex Oil (Kenya) Limited (1989) eKLR
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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