Gatemu Housing Company Ltd v Ndaruga (Cause E018 of 2021) [2022] KEELRC 13569 (KLR) (15 December 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 13569
- Citation
- [2022] KEELRC 13569 (KLR)
- Decided
- 15 December 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureFirst AppealCoramON MAKAU
Holding
The court held that the counter claim was not statute barred and that special damages must be specifically pleaded and strictly proved.
Facts
The respondent was employed by the appellant from 1994 to 2001. A dispute arose concerning a sum of Kshs 371,853.70/= in the custody of the respondent as an employee. The respondent filed a counter claim for Kshs 252,972/= for salary underpayment, house allowance, and gratuity.
Issues
- Whether the counter claim was statute barred.
- Whether the sum of Kshs 252,972/= awarded by the trial court was specifically pleaded and proved to the required standards.
- Who should pay the costs of the appeal.
Reasoning
The court considered the applicable law and the evidence presented, concluding that the counter claim was not statute barred and that the claim must be specifically pleaded and strictly proved.
Outcome
The appeal was dismissed.
Authorities cited
Legislation (3)
- Limitation and Actions Act
- Employment Act
- Cooperative Societies Act
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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