Stephen Rukunga Julius v Mastermind Tobacco Kenya Limited [2019] KEELRC 1778 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1778
- Citation
- [2019] KEELRC 1778 (KLR)
Summary at a glance
TypeLabor DisputePosturePreliminary ObjectionCoramBYRAM ONGAYA
The preliminary objection is upheld, and the notice of motion is determined accordingly.
Facts
The claimant filed a notice of motion to amend the memorandum of claim, seeking to enjoin NMG Company as the second respondent. The proposed second respondent filed a preliminary objection, arguing that the cause of action against them was time barred due to the 3-year limitation period under the Employment Act, 2007.
Issues
- Time-barred cause of action
- Jurisdiction of the court
Reasoning
The court found that the cause of action against the proposed second respondent was time barred and that the court lacked jurisdiction to entertain such a time barred action.
Outcome
The notice of motion is determined accordingly.
Orders
- Each party to bear own costs of the objection and the motion.
- Parties to take directions towards the expeditious hearing and determination of the suit.
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