Apex Steel Limited v Nyagaresi (Appeal 7 of 2021) [2022] KEELRC 13290 (KLR) (28 November 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 13290
- Citation
- [2022] KEELRC 13290 (KLR)
- Decided
- 28 November 2022
Summary at a glance
TypeAppealPostureAppeal from a judgment of the L. Kassan Senior Principal MagistrateCoramMA ONYANGO
The appeal is allowed, the judgment of the trial court is set aside, and the suit is dismissed with costs to the Appellant.
Facts
Apex Steel Limited filed a lawsuit against Cyrus Nyagaresi alleging injury sustained while performing lawful duties. The Respondent claimed negligence and breach of employment terms, seeking damages and costs.
Issues
- Whether the trial court erred in finding an employment relationship between the parties
- Whether the trial court erred in finding the Appellant wholly liable for the Respondent's injury
- Whether the Appellant's appeal should be granted
Reasoning
The Appellant's appeal is upheld as there was no evidence to support the existence of an employment relationship between the parties, thus the Appellant cannot be held liable for the Respondent's injury.
Outcome
Appeal allowed, judgment of the trial court set aside, suit dismissed with costs to the Appellant
Orders
- Judgment of the trial court set aside
- Suit dismissed with costs to the Appellant
Remedies
- Costs to the Appellant
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…