Michael Benhardt Otieno v National Cereals And Produce [2017] KEELRC 949 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 949
- Citation
- [2017] KEELRC 949 (KLR)
- Decided
- 14 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks leave to file suit out of time and summons the Respondent to defend the substantive claim.CoramRadido Stephen
Holding
The application is dismissed with no order as to costs.
Facts
The applicant was dismissed from employment by the Respondent on 3 April 2003. He issued a 3-month notice of resignation on 27 March 2003. He moved the court on 27 January 2017.
Issues
- Whether the applicant can file his claim out of time.
- Whether the applicant's cause of action is statute time barred.
Reasoning
The applicant's cause of action is based on contract and is therefore not subject to the Limitation of Actions Act. The applicant is out of time for both constructive dismissal and unfair termination. The applicant's claim for concealment of cause of action by fraud is also dismissed.
Outcome
Dismissed with no order as to costs.
Orders
- The application dated 25 January 2017 is dismissed with no order as to costs.
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Employment Act, 2007
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…