Joseph Abuto Ongwae v Pharmacy & Poisons Board [2017] KEELRC 1578 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1578
- Citation
- [2017] KEELRC 1578 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureClaimant sought leave to file a suit out of time.CoramAbuodha J. N.
Holding
The application is found without merit and is hereby dismissed with costs.
Facts
The claimant sought leave to file a suit out of time due to the death of his sister and his responsibility over her children, and the fact that he fell sick immediately his services were terminated.
Issues
- Whether the court has jurisdiction to extend time once it has lapsed.
- Whether the Employment Act or Limitation of Actions Act permit extension of time to bring actions based on contract once the time for doing so has elapsed.
Reasoning
The court ruled that it does not have jurisdiction to extend time once it has lapsed, and that neither section 90 of the Employment Act nor Section 4 of the Limitation of Actions Act permit extension of time to bring actions based on contract once the time for doing so has elapsed.
Outcome
Dismissed with costs
Orders
- Application dismissed with costs.
Authorities cited
Legislation (2)
- Employment Act
- Limitation of Actions Act
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.
Loading judgment…