Brian ombaso v Mall to Mall Designs Limited [2020] KEELRC 968 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 968
- Citation
- [2020] KEELRC 968 (KLR)
- Decided
- 5 June 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from a previous decisionCoramBYRAM ONGAYA
Holding
The claimant's application is dismissed, and the preliminary objection filed by the respondent is upheld.
Facts
The claimant filed an application against the respondent, a company, alleging that he was not employed by the respondent. The respondent denied this and claimed that the claimant's suit was time-barred due to the three-year limitation period under the Employment Act.
Issues
- Whether the claimant was employed by the respondent
- Whether the claimant's suit is time-barred
Reasoning
The Court finds that the claimant was not employed by the respondent and that the respondent's response to the suit is undisputedly that the suit is time-barred. Therefore, the claimant's application is dismissed.
Outcome
The claimant's application is dismissed.
Orders
- The claimant's application is dismissed.
- The preliminary objection filed by the respondent is upheld.
- The entire suit is dismissed with costs.
Authorities cited
Legislation (1)
- Employment Act, 2007
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.
Loading judgment…