Majengo v Ultra Limited & another (Appeal 91 of 2022) [2023] KEELRC 331 (KLR) (9 February 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 331
- Citation
- [2023] KEELRC 331 (KLR)
- Decided
- 9 February 2023
Summary at a glance
TypeAppealPostureAppeal from a decision of the Magistrate's CourtCoramBOM MANANI
The appeal is incompetent and the decree and subsequent orders are declared null and void.
Facts
A workplace accident occurred on August 18, 2012, resulting in an injury to the Appellant, an employee of the 1st Respondent. The 1st Respondent made a partial settlement of the Work Injury Benefits Act (WIBA) compensation.
Issues
- Whether the appeal is competent.
- Whether the trial court had jurisdiction to entertain the dispute.
- Whether the decree and subsequent orders are valid and capable of conferring a legal right on the Appellant.
Reasoning
The court found the appeal incompetent due to the lack of a decision on the merits. The court also ruled that the trial court lacked jurisdiction and that the decree and orders are null and void.
Outcome
The appeal is dismissed and the decree and subsequent orders are declared null and void.
Orders
- The appeal is struck out.
- The decree and all subsequent orders are declared null and void and incapable of conferring a legal right on the Appellant.
- There will be no order as to costs.
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.
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