Kenya Tea Development Agency & another v Elvis Nduati Ngure [2016] KEELRC 682 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 682
- Citation
- [2016] KEELRC 682 (KLR)
- Decided
- 30 September 2016
Summary at a glance
TypeCivil AppealPostureAppeal from a ruling in a civil caseCoramBYRAM ONGAYA
The appeal is allowed, and the plaintiff's suit is struck out for want of jurisdiction.
Facts
The respondent, Elvis Nduati Ngure, retired from RAGATI TEA FACTORY LIMITED on December 31, 2004. The Kenya Tea Development Agency and RAGATI TEA FACTORY LIMITED filed a suit against the respondent in the Resident Magistrate's Court at Karatina on August 5, 2010.
Issues
- Jurisdiction of the trial court
- Time-barred claim under Employment Act
- Nature of the dispute as an employer-employee dispute
Reasoning
The court set aside the trial court's judgment due to the appellants' preliminary objections regarding jurisdiction and time-barred claim.
Outcome
Appeal allowed, suit struck out
Orders
- The plaintiff's suit filed on 05.08.2010 in the Resident Magistrate's Court at Karatina is hereby struck out for want of jurisdiction.
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