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KENYA PORTS AUTHORITY & ANOR
V.
BETTY U. CHAMBA

(2022) JELR 113645 (CA)

Court of Appeal 18 Mar 2022 Kenya
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Case Details

Suit Number:Civil Appeal 161 of 2019
Judges:SG Kairu, JA P Nyamweya, JA JW Lessit, JA
Location:Mombasa

JUDGMENT

  1. The appellants, Kenya Ports Authority and The Registered Trustees of the Kenya Ports Authority Pension Scheme, are aggrieved by a Ruling of the Employment and Labour Relations Court (ELRC) delivered on 21st February 2019 in which L. Ndolo, J. overruled their preliminary objection challenging the jurisdiction of that court.

  2. In her Statement of Claim filed before the ELRC on 30th October 2018, the respondent, Betty U Chamba, sought a declaration that she is entitled to exclusive possession of a house on Pension Scheme Block No. 91 Mbaraki. She also sought an injunction to restrain the appellants from interfering with her occupation of the house.

  3. The basis of the respondent’s claim, as pleaded, was that she was employed by the 1st appellant in 1988; that in the year 2000, she was allocated a pension scheme house at a monthly rent of Kshs.14,000; that the 2nd appellant, to whom the houses had been transferred by the 1st appellant was to facilitate a formal lease; that no formal leas…

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