Mwanyemba v. National Insurance Corporation Misc. Civ. App. 24-D-70; 18/2/71; Onyiuke J.

Mwanyemba v. National Insurance Corporation Misc. Civ. App. 24-D-70; 18/2/71; Onyiuke J.

The case arose out of a claim by the appellant against his employer, the National Insurance Corporation, under the Employment Ordinance cap. 366. The appellant’s claim was reported to the Magistrate by the Labour Officer under s. 132 of the said Employment Ordinance, whereupon the Magistrate treated the case as a civil suit and ordered the respondent to file a written statement of defence which was done; after various adjournments the case was finally settled on the 2^nd day of September 1970. The Magistrate minute that the case is marked settled. The decree based hereon was for respondent to pay Shs. 390/- to the appellant and for the case to be marked settled. The appellant at the hearing of this appeal concedes that the case has been settled and that he has been paid the agreed um of 390/-. He has however appealed on the ground that he has been out of work for the period the case was pending and wanted Compensation for this.

            Held: (1) I am of the view that in so far as this is an appeal from the decree passed in this case it is incompetent under s. 74 (3) of the Civil Procedure Code which provides that “no appeal shall lie from a decree passed by the Court with the consent of the parties”. If however the appellant thinks he has any other claims against the respondent he should take proper steps for obtaining relief and should not come by way of appeal.” (2) Appeal dismissed.