Reuben Nyambaso Nyambagera v Inter Security Services Ltd [2017] KEELRC 2002 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2002
- Citation
- [2017] KEELRC 2002 (KLR)
- Decided
- 22 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureRespondent filed a preliminary objection, Claimant resisted, Court dismissed the objection and ordered amendments.CoramRadido Stephen
Holding
Preliminary objection dismissed; Claimant and Respondent to file amended pleadings.
Facts
Claimant initiated legal proceedings alleging breach of contract, Respondent argued the cause of action was time-barred due to desertion in November 2008.
Issues
- Time-barred claim due to desertion
- Continuing injury vs. limitation period
Reasoning
Respondent's argument that Claimant deserted work in November 2008 was not supported by evidence, and the claim was not time-barred.
Outcome
Claimant's case continues with amended pleadings.
Orders
- Preliminary objection dismissed
- Claimant to file amended claim by 30 Nov 2017
- Respondent to file amended response by 15 Dec 2017
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (4)
- Mukisa Biscuits Manufacturing Company Ltd v West End Distributors Ltd (1969) EA 696
- London Transport Executive v Clarke (1981) IRLR 166
- Geys v Societe Generale, London Branch (2012) UKSC 63
- Philomena Aromba Mbalasi v Uni-Truck World Ltd (2015) eKLR
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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