TITUS GATHUO NJOROGE V CHAIRMAN OF THE BOARD OF GOVERNORS OF MUHOHO HIGH SCHOOL [2013] KEELRC 435 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 435
- Citation
- [2013] KEELRC 435 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIndustrial DisputePostureAppeal from a decision of the Industrial CourtCoramMathews N. Nduma
Holding
The suit is not statute barred and will proceed.
Facts
The case was originally filed in Magistrate's Court in 2002 and was transferred to the Industrial Court. The Respondent filed a Notice of Preliminary Objection in 2010, claiming the suit was statute barred.
Issues
- Whether the suit is statute barred
- Whether the Magistrate's Court's decision to transfer the case to the Industrial Court was valid
Reasoning
The court ruled that time did not run during the time the matter was pending at the Magistrate's Court, and the errors of the Magistrate's Court cannot be visited on the Claimant.
Outcome
Affirmed
Orders
- The suit will proceed to a hearing date
Authorities cited
Legislation (2)
- Employment Act No.11 of 2007
- Limitation of Actions Act
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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