Peter Waweru Mburu v Tusker Mattresses Limited [2018] KEELRC 625 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 625
- Citation
- [2018] KEELRC 625 (KLR)
- Decided
- 16 November 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent filed preliminary objection on statute bar and territorial jurisdictionCoramONESMUS N. MAKAU
Holding
Preliminary objection dismissed with no costs.
Facts
Claimant was suspended for 2 weeks in October 2012 and charged with a criminal case. He was acquitted in December 2017. He did not report to work and was not paid during the trial.
Issues
- Whether the preliminary objection meets the threshold for a preliminary objection.
- Whether the suit is statute barred.
- Whether the court lacks territorial jurisdiction.
Reasoning
The court finds the preliminary objection does not meet the threshold for a valid preliminary objection as it requires evidence to prove the cause of action arose earlier than December 2017.
Outcome
Suit proceeds to full trial.
Orders
- Preliminary objection dismissed with no costs.
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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