1.There is before this Court an appeal by Robert Wanjohi Njeri alias Robert Wanjohi (the Appellant) against the judgment of Mombasa Senior Resident Magistrate, Honorable Kyambia, delivered on 29/9/2018 in Mombasa SRMCC No. 1693 of 2015. The Appellant, who was the plaintiff in the said suit, had sued the Respondent claiming damages arising from injuries sustained in an occupational accident pleaded by the Appellant to have occurred on 2nd February 2015.
2.In a plaint dated 30th June 2015 and filed in Court on 8th September 2015, the appellant pleaded that he was, at the material time, employed by the Respondent as labourer and that by virtue of the contract of employment, the Respondent was obligated to take all reasonable measures to ensure that the place where the Appellant carried out his work was safe, and to maintain proper and safe system of work.
3.The Appellant pleaded that on 2nd February 2015, whilst the Appellant was offloading 50kg bags of fertilizer from a lorry into a godown at the behest of his supervisor, the Appellant fell and sustained injuries as a result of fertilizer which was negligently spilt on the floor of the godown. The Appellant pleaded negligence on the part of the Respondent and claimed general damages, special damages, costs of the suit and interest.
4.The Respondent entered appearance and filed a statement of defence dated 21st October 2015, denying liability and putting the appellant to strict proof of his allegations. The Respondent pleaded as follows at paragraphs 7 and 9 of its statement of defence:-
5.The trial Court conducted a full trial of the suit and delivered its judgment on 28th September 2018, dismissing the suit before it with costs. The Court rendered itself thus:-
6.It is the foregoing judgment of the Lower Court which provoked filing of the present appeal. The Appellant’s Memorandum of Appeal dated 8th October 2018 raises a total of thirteen grounds of appeal, which I will not consider until I have addressed the all important issue of jurisdiction, though not taken up on appeal by either of the parties to the appeal herein.
8.It is clear from the pleadings filed in the Lower Court that the suit before the trial Court was a work injury claim. As stated earlier in this Judgment, the Respondent pleaded in its statement of defence that “the plaintiff’s claim for damages against the defendant was misconceived and bad in law.” . This particular issue does not seem to have been pursued by the parties during the trial, and the trial Court does not seem to have considered it while determining the case before it.
11.The Lower Court suit, filed on 8th September 2015, was filed in a Court without jurisdiction. The Lower Court lacked jurisdiction to entertain, to hear and to determine the suit before it. The suit was a nullity at its inception. As stated by this Court in the case of Charo Kasira Sathine –vs- Kk Security  eKLR:-
13.Without jurisdiction, the trial Court heard and determined the suit before it, dismissing the same based on its assessment of the facts of the case and evidence adduced by the parties. Having made a finding that the suit before the trial Court was a nullity at its inception, I will not disturb the order dismissing the suit. The evidence adduced before the trial Court having been tendered on a suit that never was by virtue of Section 16 of the WIBA, there is nothing for this Court, as an appellate Court, to re-evaluate.
14.In sum, the appeal is hereby dismissed. Each party shall bear their own costs, both in this Court and in the Court below.