Jumbo North (EA) Limited v Kiplimo (Appeal E013 of 2023) [2024] KEELRC 1677 (KLR) (28 June 2024) (Ruling)

Summary at a glance

Facts

The Appellant filed a Notice of Preliminary Objection challenging the jurisdiction of the Magistrate's Court to hear a work injury claim. The Appellant then appealed the ruling dismissing the preliminary objection and filed an application for stay of proceedings in the trial court.

Issues

• Whether the Appellant has justifiable reasons to grant the stay of proceedings
• Whether the Appellant's preliminary objection was valid

Reasoning

The Chief Justice issued Practice Directions to resolve confusion on the status of suits filed after the High Court's decision but before the Supreme Court's decision. The instant case, filed before the Supreme Court decision, is to proceed to its conclusion before the trial court.

Outcome

The appeal is dismissed and the Appellant is advised to consider withdrawing the appeal as the issues have been substantially dealt with.

Orders

• The application for stay of proceedings is dismissed

Remedies

• The Respondent is awarded costs of the application

Authorities cited