CHARLES ODHIAMBO KISERA V MAKINI SCHOOL [2012] KEELRC 51 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 51
- Citation
- [2012] KEELRC 51 (KLR)
- Decided
- 13 November 2012
Summary at a glance
TypeLimitation of ClaimsPostureApplication for limitation of claims filed by the RespondentCoramHELLEN WASILWA
The claim is time-barred and is struck out.
Facts
The Claimant filed a claim for payment of terminal dues on 8th October, 2010, alleging he was employed by the Respondent from 1999 and dismissed on 6th March 2004. The Respondent argued the claim was time-barred under the Limitation of Actions Act.
Issues
- Whether the claim is time-barred under the Limitation of Actions Act
- Whether the claim is an abuse of the court process, frivolous and vexatious
Reasoning
The claim was filed more than six years after the cause of action accrued, as per the Limitation of Actions Act. The Claimant failed to file the claim within the prescribed time frame.
Outcome
The claim is struck out with costs to the Respondent.
Orders
- The claim is struck out.
- Each party will bear its costs.
Authorities cited
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