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Samuel Langat v Kijabe Limited [2015] KEELRC 732 (KLR)

[2015] KEELRC 732 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
732
Citation
[2015] KEELRC 732 (KLR)
Decided
24 July 2015
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

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

Legislation (1)
  • Limitation of Actions Act
Cases cited (2)
  • Michael Maina Nderitu v Kenya Power & Lighting Co. Ltd (2013) eKLR
  • Fred Mudave Gogo v G4S Security Services(K) Ltd (2014) eKLR
⚠ 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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