Alpine Coolers Limited v Miheso (Appeal E240 of 2023) [2024] KEELRC 2386 (KLR) (27 September 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2386
- Citation
- [2024] KEELRC 2386 (KLR)
- Decided
- 27 September 2024
Summary at a glance
TypeAppealPostureAppeal from a judgment in a civil caseCoramNJ ABUODHA
The court held that the suit was time-barred and dismissed the appeal.
Facts
The accident occurred on October 16, 2009, and the claim was made under the Work Injury Benefits Act (WIBA) of 2007.
Issues
- Whether the suit was time-barred
- Whether the trial court erred in finding the appellant 100% liable
- Whether the trial court erred in finding the respondent's injuries were not caused by the appellant's negligence
- Whether the trial court erred in finding the respondent was not acting on a frolic of his own
- Whether the trial court erred in awarding excessive damages
Reasoning
The court determined that the suit was time-barred due to the respondent not reporting the accident to the employer within 12 months of the accident, as required by the Work Injury Benefits Act.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed
- The judgment of the trial court is upheld
Authorities cited
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