Samuel Langat v Kijabe Limited [2015] KEELRC 732 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 732
- Citation
- [2015] KEELRC 732 (KLR)
- Decided
- 24 July 2015
Summary at a glance
TypePreliminary ObjectionPostureRespondent's Preliminary Objection to Claimant's ClaimCoramRadido Stephen
The Court upholds the Preliminary Objection and strikes out the Memorandum of Claim
Facts
Claimant filed a claim for unlawful dismissal in 2014, alleging he was dismissed in 1997. The Respondent argued the claim was time-barred and an abuse of process.
Issues
- Whether the claim is time-barred under the Limitation of Actions Act
- Whether the claim is an abuse of process
Reasoning
The cause of action accrued in 1997, and the claim was filed 14 years later, exceeding the 6-year limitation period under the Limitation of Actions Act. The Court found the claim statute-barred and an abuse of process.
Outcome
Claim dismissed
Orders
- Memorandum of Claim struck out
- Each party to bear their own costs
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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