Abubakar Ali v Egerton University [2017] KEELRC 1608 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1608
- Citation
- [2017] KEELRC 1608 (KLR)
- Decided
- 24 March 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureRespondent's Preliminary Objection upheld; Claimant's motion to strike off Reply and enter summary judgment dismissedCoramRadido Stephen
Holding
The Preliminary Objection is upheld and the Memorandum of Claim is struck off.
Facts
Claimant served Respondent until August 20, 1996, and was informed of summary dismissal on August 30, 1996. The cause of action is contractual and should have been commenced within 6 years from the date of the dismissal.
Issues
- Limitation of Actions Act
- Prescribed limitation period
Reasoning
The action was commenced 20 years after the cause of action accrued, which is beyond the 6-year limitation period under the Limitation of Actions Act. The Court of Appeal's decision in Divecon v Samani (1995-1998) 1 EA 48 is cited.
Outcome
The Preliminary Objection is upheld and the Memorandum of Claim is struck off.
Orders
- Memorandum of Claim is struck off
Authorities cited
Legislation (2)
- Limitation of Actions Act, 2007
- Employment Act, 2007
Cases cited (1)
- Divecon v Samani (1995-1998) 1 EA 48
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.
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