Alphas Alex Joy Shapaya v Alba Petroleum Ltd [2020] eKLR Case Summary

Court
High Court of Kenya at Mombasa
Category
Civil
Judge(s)
D. O. Chepkwony
Judgment Date
October 01, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Alphas Alex Joy Shapaya v Alba Petroleum Ltd [2020] eKLR, highlighting key legal findings and implications. Dive into the details and understand the court's decision.

Case Brief: Alphas Alex Joy Shapaya v Alba Petroleum Ltd [2020] eKLR

1. Case Information:
- Name of the Case: Alphas Alex Joy Shapaya v. Alba Petroleum Ltd
- Case Number: Civil Appeal No. 116 of 2014
- Court: High Court of Kenya at Mombasa
- Date Delivered: October 1, 2020
- Category of Law: Civil
- Judge(s): D. O. Chepkwony
- Country: Kenya

2. Questions Presented:
The central legal issues in this case include whether the Appellant proved his claim for damages resulting from an injury sustained during his employment and whether the High Court has jurisdiction to hear the appeal given the nature of the dispute.

3. Facts of the Case:
The Appellant, Alphas Alex Joy Shapaya, filed a suit against the Respondent, Alba Petroleum Ltd, claiming damages for injuries sustained while working on a boat's exhaust system on August 18, 2010. He alleged that foreign particles entered his ear due to the Respondent's negligence, which included failing to ensure workplace safety and provide proper supervision and protective gear. The Respondent denied these claims and attributed any potential injury to the Appellant's own negligence.

4. Procedural History:
The Appellant's initial suit was heard in the Mombasa Resident Magistrate's Court (RMCC No. 2077 of 2012), where the magistrate dismissed the case, stating that the Appellant failed to prove his claims. Dissatisfied with this ruling, the Appellant filed an appeal, presenting five grounds of appeal that challenged the trial magistrate's findings on the burden of proof, the nature of the injuries, and the assessment of damages.

5. Analysis:
- Rules: The court considered the Employment and Labour Relations Court Act, 2011, which provides exclusive jurisdiction to hear disputes related to employment and labor relations as outlined in Article 162(2) of the Constitution of Kenya.
- Case Law: The court referenced the case of *Republic v. Karisa Chengo & Others*, which clarified the distinct jurisdictions of various courts in Kenya, establishing that the High Court cannot entertain matters reserved for the Employment and Labour Relations Court.
- Application: The court analyzed whether it had jurisdiction to hear the appeal, concluding that since the dispute arose from a work-related injury, it should have been filed in the Employment and Labour Relations Court. Consequently, the court determined it lacked jurisdiction to proceed with the appeal and ordered the transfer of the case to the appropriate court.

6. Conclusion:
The High Court ruled that it did not have jurisdiction to hear the appeal regarding the work injury claim and transferred the case to the Employment and Labour Relations Court. This decision underscores the importance of jurisdictional boundaries in the legal system and the need for claims to be filed in the appropriate court.

7. Dissent:
There were no dissenting opinions noted in the judgment. The ruling was unanimous in addressing the jurisdictional issue.

8. Summary:
The High Court of Kenya ruled in favor of transferring the Appellant's case to the Employment and Labour Relations Court due to jurisdictional limitations. This case emphasizes the necessity for litigants to file employment-related disputes in the correct forum and highlights the legal structure governing employment and labor relations in Kenya. The outcome serves as a reminder of the procedural requirements and the significance of jurisdiction in civil claims.

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