[2014] KEELRC 275 (KLR)
The court found that the Respondent had expressly admitted liability for the sum of Kshs.243,360 as compensation for the Claimant's work-related injury, as evidenced by correspondence and the absence of any contest to the application. The court noted that a portion of the claim had already been settled by consent,...
Source-derived case information.
- Citation
- [2014] KEELRC 275 (KLR)
- Parties
- Claimant: Peter Juma Ajanja; Respondent: Plancon Kenya Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1226 of 2013
- Procedural Posture
- Employment Claim / Ruling on Application for Summary Judgment on Admission
- Outcome
- Judgment entered for the Claimant on admission for the sum of Kshs.243,360; costs awarded to the Claimant.
- Judges
- DKN Marete
- Legal Topics
- Work Injury Benefits, Employer Liability, Admission of Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Juma Ajanja
Claimant
Plancon Kenya Ltd
Respondent
Procedural Posture
Employment Claim / Ruling on Application for Summary Judgment on Admission
Legal Issues
- 1 Whether the Respondent's admission of liability entitles the Claimant to summary judgment for the admitted sum.
- 2 Whether the Claimant is entitled to costs of the application.
Ratio Decidendi
The court found that the Respondent had expressly admitted liability for the sum of Kshs.243,360 as compensation for the Claimant's work-related injury, as evidenced by correspondence and the absence of any contest to the application. The court noted that a portion of the claim had already been settled by consent, but the insurance claim remained outstanding. In the absence of any opposition and in light of the clear admission, the court held that summary judgment on admission was appropriate for the remaining amount. The court also awarded costs to the Claimant, finding no reason to deny them in the circumstances.
Court Disposition
Judgment entered for the Claimant on admission for the sum of Kshs.243,360; costs awarded to the Claimant.
Orders
- Judgment is entered for the Claimant for Kshs.243,360 as admitted by the Respondent.
- The Respondent shall pay the Claimant the sum of Kshs.243,360.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
CAUSE NO.1226 OF 2013
(Before D.K.N. Marete)
PETER JUMA AJANJA………...……………………….…CLAIMANT
Versus
PLANCON KENYA LTD…………………...……...…….RESPONDENT
RULING
Before Court is an application dated 7th August 2014 and supported by the Supporting Affidavit of Betty Rashid, counsel for the Claimant/Applicant sworn on the same date. It seeks the following orders of Court:-
That the summary judgement be entered in favour of the Claimant on admission (sic.)
That Judgement be entered in favour of the Claimant for Kshs.243,360/= as assessed and admitted by the Respondent.
That costs be provided for.
and is grounded on the following:-
That the Claimant was injured on the Respondent’s premises on the 15th April, 2011 where the Claimant was on a ladder working on 1st floor. The ladder broke and he felt down on iron sheets. The iron sheets pierced all of his left hand fingers and his middle finger was pricked by a nail hence occasioning him serious injuries.
That the Respondent referred the Claimant for assessment of damages and the same was done but the Respondent has refused and/or declined to effect payments despite numerous undertaking on this matter.
When the application came for hearing on 16th September 2014, the applicant sought orders for judgement in his favour on grounds that the Respondent had vide his letter dated 29th May 2014 and annexed to the supporting affidavit marked BR 2 admitted liability of the amount of Kshs.243,360. 00 being amount payable under insurance cover for her staff in compliance with sections 28,30,32 and 34 of the Work Injury Benefits Act. No. 13 of 2007.
In these proceedings, the Respondents are agreeable and forward looking on the issue of not only insurance compensation but also settlement of the claim. This is demonstrated by a consent order made on 31st March, 2014 in which the parties agreed on a settlement at Kshs.150. 000. 00 payable in three equal installments. This has already been met.
I have scrutinized the record and application and find that this is not a contested matter. I therefore enter judgement on admission to the extent of the insurance claim for the Claimant all amounting to Kshs.243. 360. 00. The costs of this application shall be on cause.
It is so ordered.
Dated and delivered in Nairobi this 30th day of September, 2014.
D.K. Njagi Marete
JUDGE
Appearances.
1. Mr. Betty Rashid instructed by Betty Rashid& Company Advocates for the Claimant/Applicant.
2. No appearance for the Respondent