Ogembo Tea Factory Company Ltd v John Ontomwa Ogembo [2019] KEELRC 1200 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1200
- Citation
- [2019] KEELRC 1200 (KLR)
- Decided
- 9 July 2019
Summary at a glance
TypeFirst AppealPostureAppeal from a judgment by Principal MagistrateCoramMathews N. Nduma
The court held that the suit was not time barred and affirmed the trial court's decision on liability and damages.
Facts
The respondent suffered injury on or about 10th February 2006 while collecting withered tea and feeding it into the discharge hole at the Appellant's premises. The suit was filed 4 years and 1 month after the cause of action arose.
Issues
- Whether the suit was time barred.
- Whether the trial court erred in holding the Appellant 60% liable or at all.
- Whether the Respondent is entitled to general damages and/or special damages.
Reasoning
The court found that the suit was not time barred as it was filed within the three-year limitation period under the Limitation of Actions Act, Cap 22, Laws of Kenya.
Outcome
Affirmed
Authorities cited
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