VICTOR WAUDI & CASABLANCA HOLDINGS LIMITED V. SAMMY NZIOKA BITA, MUTIO GEORGE MUTIO, SYLVSTER OTIENO, VICTOR OCHIENG & CASABLANCA RESTAURANT CLUB

JUDGMENT OF THE COURT

1. At the heart of this appeal is the primary issue as to whether there existed an employer/employee relationship between the appellants herein and the 1st – 4th respondents. This is because unless such a relationship existed between the parties, then evidently the issue of jurisdiction which is the soul of all litigation comes into play. When a question on jurisdiction is raised in a dispute, ideally it should be determined in limine, unless of course in the circumstances of the case, it would be more efficacious, effective or prudent to hear the whole dispute and make the Ruling on jurisdiction in the final determination. This happens when the dictates of economic and judicious utilisation of judicial time and other resources so require.

2. When this happens, the court seized of the matter then determines the issue of jurisdiction on priority because if it succeeds, then the rest of the suit falls on the way side. It is important to note that in their amended res…