Kipkemoi Stanley Cheruiyot v The Chairman, Secretary & Treasurer B.O.G Sigor High School [2017] KEELRC 1823 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1823
- Citation
- [2017] KEELRC 1823 (KLR)
- Decided
- 31 January 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for extension of timeCoramD. K. N. Marete
Holding
The application must fail and be dismissed.
Facts
The applicant was employed by the respondents but the employment was frustrated by a breach of contract on 3rd July, 1983. The applicant has attempted to resolve the issues without success and is unable to file suit on time.
Issues
- Whether the applicant can bring an action after the end of six years from the date on which a cause of action accrued.
- Whether the court has the power to entertain an action brought six years after the cause of action arose.
Reasoning
The court follows the principle established in Rift Valley Railways (Kenya) Ltd. Vs. Hawkins Wagunza Musonye and Desidery Tyson Otieno and Divecon v Samani (1995-1998) I EA 48, which states that no court may entertain an action brought in contract six years after the cause of action arose.
Outcome
Dismissed
Orders
- Application dismissed
Authorities cited
Legislation (2)
- Employment Act, 2007
- Divecon v Samani (1995-1998) I EA 48
Cases cited (1)
- Divecon v Samani (1995-1998) I 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.
Loading judgment…