Eliazar Bulimo v Millie Fruit Processors Limited [2016] KEELRC 1698 (KLR)

Facts

The Applicant was unlawfully terminated from employment on 3rd March 2008 and filed a case in the Chief Magistrate's Court in 2010, which was dismissed due to lack of jurisdiction. The Applicant then filed a Miscellaneous Application No 71 of 2015 seeking transfer of CMCC No 2446 of 2010 to this Court, which was withdrawn.

Issues

1. Whether the Applicant has established a case for enlargement of time to file his claim

Reasoning

Section 4(1)(a) of the Limitation of Actions Act limits contract-based actions to six years from the date of accrual. The Applicant's claim was filed after the six-year period and was dismissed due to lack of jurisdiction. The Court of Appeal in Divecon Limited v Shirinkhanu Sadrudin Samani (Civil Appeal No. 142 of 1997) held that the Employment and Labour Relations Court has no jurisdiction to entertain applications for extension of time with respect to actions arising from contract.

Outcome

Dismissed with no order for costs

Authorities cited