Wabomba v Kartar Singh Dhupar & Co Ltd (Civil Appeal E375 of 2020) [2025] KEHC 3977 (KLR) (Civ) (27 March 2025) (Judgment)
- Court
- High Court of Kenya
- Case number
- 3977
- Citation
- [2025] KEHC 3977 (KLR)
- Decided
- 27 March 2025
The court held that the law applicable to the work injury claim as at the time the claim was filed was the Work Injury Benefits Act (WIBA), as the Court of Appeal's decision in Attorney General v Law Society of Kenya & another (2017) deprived original jurisdiction of WIBA claims from the courts in the first instance and placed such jurisdiction in the Director.
Facts
Domiano Wabomba filed a suit against Kartar Singh Dhupar & Co Ltd alleging breach of contract and/or statutory duty of care due to an employer-employee relationship. The Respondent denied the key averments in the plaint and challenged the competency of the suit.
Issues
- Whether the learned trial magistrate was correct in his finding that the Appellant's suit was fatal and incompetent, and deserving of an order striking it out.
Reasoning
The court applied the principles of appellate courts not interfering with findings of fact unless based on no evidence or wrong principles, and reviewed the law applicable to the case as per the Court of Appeal's decisions.
Outcome
Affirmed the order striking out the Appellant's suit.
Orders
- Order striking out the Appellant's suit
Authorities cited
Cases cited (2)
- Attorney General v Law Society of Kenya & another
- Petition No. 4 of 2019
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