Ogembo Tea Factory Company Limited v Zerebath Oyaro Marita [2020] KEELRC 369 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 369
- Citation
- [2020] KEELRC 369 (KLR)
- Decided
- 15 October 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment and decree of Hon. Wairimu SPMCoramMathews N. Nduma
Holding
The court grants the respondent's award of general damages in the sum of Kshs. 600,000 and special damages in the sum of Kshs. 6,500, and orders the appellant to pay the costs of the suit.
Facts
The respondent filed an ex parte originating summons seeking leave to enlarge time to file the intended suit out of time due to the expiration of the limitation period for filing the suit.
Issues
- Whether the respondent's suit was time barred under section 90 of the Employment Act, 2007 read with section 4 of the Limitation of Actions Act, Cap 22 Laws of Kenya.
- Whether the trial magistrate erred in holding the appellant liable in negligence.
- Whether the trial magistrate misdirected herself on the principles of assessing damages and awarded excessive damages.
Reasoning
The court re-evaluates the evidence on record and finds the respondent's suit was not time barred, thus upholding the liability in negligence and the award of damages.
Outcome
Appeal upheld
Orders
- Award of general damages in the sum of Kshs. 600,000 to the respondent
- Award of special damages in the sum of Kshs. 6,500 to the respondent
- Order the appellant to pay the costs of the suit
Authorities cited
Legislation (2)
- Employment Act, 2007
- Limitation of Actions Act, Cap 22 Laws of Kenya
Cases cited (2)
- Selle vs Associated Motor Boat Company Limited (1968) EA 123
- The Owners of the Motor Vessel 'Lilian S' vs Caltex Oil Kenya Limited
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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