JUDGMENT
Brief facts
This appeal arises from the ruling of Ruiru Resident Magistrate/ Adjudicator in Small Claims Court Civil Case No. E014 of 2023 arising from the issue of lack of jurisdiction of the court hear and determine claims arising from personal injury contrary to Section 12(1)(d) of the Small Claims Court Act 2016. The issue was raised in a preliminary objection by the respondent. In its ruling the court found that it lacked jurisdiction and struck out the suit with no order as to costs.
Dissatisfied with the court's decision, the appellant lodged this appeal citing 3 grounds of appeal summarized as follows:-
a) The learned trial magistrate erred in law in finding that the Small Claims Court lacks jurisdiction to hear and determine claims arising from personal injury claims contrary to the provisions of Section 12(1)(d) of the Small Claims Court Act 2016.
b) The learned trial magistrate erred in law and in fact in relying on the obiter dictum decision in Ogwari vs Hersi (Civil …