Katana v Tarmal Wire Products Limited (Appeal 20 of 2020) [2023] KEELRC 3458 (KLR) (19 December 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3458
- Citation
- [2023] KEELRC 3458 (KLR)
- Decided
- 19 December 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent's Notice of Preliminary ObjectionsCoramM. MBARŨ
Holding
The appeal is dismissed with costs, as the Practice Directions issued by the Chief Justice do not negate the law but apply to consolidate and standardize practice and procedures for the courts.
Facts
The appeal relates to a judgment from Mombasa CMEL Case No.1677 of 2014, where the respondent was found liable for work-related injuries. The appellant filed an appeal with the Employment and Labour Relations Court.
Issues
- Jurisdiction of the Employment and Labour Relations Court to hear the appeal
- Legitimacy of the appellant's expectation to be heard before the court
Reasoning
The court dismissed the preliminary objections, stating that the Practice Directions issued by the Chief Justice do not negate the law but apply to consolidate and standardize practice and procedures for the courts to enhance access to justice.
Outcome
Appeal dismissed with costs
Orders
- Objections dated 16 November 2023 are without merit and are hereby dismissed. Costs shall abide the outcome of the appeal.
Authorities cited
Legislation (4)
- Work Injury Benefits Act, 2007
- Judicature Act
- Civil Procedure Act
- Employment and Labour Relations Court Act, 2011
Cases cited (5)
- Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd [1969] EA
- Sammy Ndungu Waity v Independent Electoral & Boundaries Commission & 2 others [2019] eKLR
- West Kenya Sugar Co. Ltd v Libuyi (Appeal E013 of 2021)
- Perfect Scan Limited v Harrison Kahindi Said [2021] eKLR
- Petition No.4 of 2019
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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