Ben Kiplagat Tunduny v Standard Chartered Bank Limited [2019] KECA 1044 (KLR)
- Court
- Court of Appeal
- Case number
- 1044
- Citation
- [2019] KECA 1044 (KLR)
- Decided
- 24 January 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court's judgment striking out a claim for constructive dismissalCoramE. M. Githinji, Hannah Okwengu, J. Mohammed
Holding
We find no merit in the appeal and dismiss it with costs.
Facts
The appellant, Ben Kiplagat Tunduny, was an employee of Standard Chartered Bank (K) Limited from 1985 to 2008. He claimed constructive dismissal and sought reinstatement with accrued benefits. The Industrial Court struck out his claim due to statute bar and res judicata.
Issues
- Whether the appellant's claim was statute barred
- Whether the appellant's suit was res judicata
Reasoning
The claim was statute barred as it was filed beyond the three-year period provided under the Employment Act. The claim was also res judicata as the same issue was previously adjudicated in a different suit.
Outcome
Appeal dismissed with costs
Authorities cited
Legislation (2)
- Employment Act 2007
- Limitation of Actions Act (Cap 22)
Cases cited (3)
- Uhuru Highway Development Limited v Central Bank of Kenya & 2 others [1996] eKLR
- Theresa Constabir v Alka Rashamlal Harbanslal Sharma & another [2015] eKLR
- Attorney General & another v Andrew Maina Githinji & another [2016] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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