Zachariah Kerauni Maosa v British American Insurance Co (K) Ltd [2014] KEELRC 928 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 928
- Citation
- [2014] KEELRC 928 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIndustrial CourtPostureRespondent filed preliminary objections and grounds of opposition, Claimant filed counter submissions.CoramLINNET NDOLO
Holding
The Claimant's claim is not statute barred.
Facts
Claimant was employed by Respondent from 1976 to 1997. Claimant filed a claim for unpaid pension, bonds, commissions, and other dues on 14th July 2011.
Issues
- Whether the Claimant's claim is statute barred.
- Whether the Respondent's pension scheme rules permit payment of pension before the normal retirement age of 60 years.
Reasoning
The Claimant's claim is beyond the six years limitation period set under Section 4 (1) (a) of the Limitation of Actions Act, but the Claimant's case that part of his claim is governed by internal rules that prevent payment of pension before the normal retirement age of 60 years is not determinable in limine.
Outcome
Claimant's claim is not statute barred.
Orders
- Preliminary Objection taken by the Respondent is overruled with no order for costs.
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Employment Act, 2007
Cases cited (1)
- Mukisa Biscuits Vs West End Distributors Limited [1969] EA
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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