Ogembo Tea Factory Company Ltd v John Mosera Obiero (Appeal 34 of 2018) [2019] KEELRC 679 (KLR) (7 October 2019) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 679
- Citation
- [2019] KEELRC 679 (KLR)
- Decided
- 7 October 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment awarding damagesCoramMathews N. Nduma
Holding
The court finds that the trial magistrate erred in not finding that the suit was time barred and that the trial court lacked jurisdiction to entertain the same.
Facts
The plaintiff sustained a serious injury on his right leg in the course of employment on 6th April 2005. The suit was filed on 19th February 2010, about 4 years and 10 months after the cause of action arose.
Issues
- Whether the suit was time barred
- Whether the trial court erred in finding the plaintiff liable and awarding damages
Reasoning
The court held that the issue of limitation goes to the jurisdiction of the court to entertain the suit and must be considered in the first instance. The trial court did not consider the issue of limitation.
Outcome
The appeal is allowed, the plaint is struck out, the proceedings are set aside, and the judgment of the trial court is set aside.
Orders
- The plaint is struck out
- The proceedings are set aside
- The judgment of the trial court is set aside
Remedies
- Each party bears their own costs
Authorities cited
Legislation (1)
- Limitation of Actions Act, Cap 22 of the Laws of Kenya
Cases cited (1)
- Owners of Motor Vessel “Lilian S” eKLR (1989)
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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