Manpower Networks Limited v Alfred Albayo & another [2019] KEHC 7152 (KLR)
- Court
- High Court of Kenya
- Case number
- 7152
- Citation
- [2019] KEHC 7152 (KLR)
- Decided
- 30 May 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for leave to appeal and stay of executionCoramD.K. KEMEI
Holding
The court finds that the High Court has no jurisdiction to entertain the appeal and dismisses the application with costs.
Facts
The applicant sought leave to appeal a judgment from Mavoko PMCC No. 586 of 2014, which was delivered on 28.2.2018. The appeal was related to a work injury claim.
Issues
- Whether the High Court has jurisdiction to entertain the appeal
- The legal effect of the declaration that Section 16 of the Work Injury Benefits Act is unconstitutional
Reasoning
The court held that the suit was filed in a court that lacked jurisdiction to hear and determine the suit, and that the Employment and Labour Relations Court has appellate jurisdiction in disputes relating to work injury. The court also cited authorities to support the conclusion that the High Court has no jurisdiction to entertain the appeal.
Outcome
Application dismissed with costs
Orders
- Application dismissed with costs
Authorities cited
Legislation (1)
- Work Injury Benefits Act
Cases cited (5)
- Owners Of Motor Vessel “Lilian S” V Caltex Oil (K) LTD
- Law Society of Kenya v Attorney General & Another
- A v. The Governor of Arbour Hill Prison
- Sias Moise v. Transitional Local Council of Greater Germiston
- Keshavan Madhava Menon v. The State of Bombay
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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