Ogaga v Maseno University (Cause 67 of 2017) [2023] KEELRC 1364 (KLR) (8 March 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1364
- Citation
- [2023] KEELRC 1364 (KLR)
- Decided
- 8 March 2023
Summary at a glance
TypeContract DisputePostureAppeal from a dismissal of a claim for breach of contract and failure to provide items, with costs awarded to the RespondentCoramRADIDO
The Court finds the heads of claims presented by the Claimant as either statute time-bared or not proved, and dismisses the cause with costs.
Facts
The Claimant, Joseph Ogaga, sued Maseno University for breach of contract and failure to provide items, alleging unpaid salaries, overtime pay, and failure to provide 40 suits and 20 pairs of shoes. The contract was terminated on 23 September 1997, but reinstated on 1 April 1999. The Claimant moved the court on 24 February 2017, more than 15 years after the accrual of the cause of action.
Issues
- Statute of limitations for contractual claims
- Breach of contract for failure to provide items
Reasoning
The Court dismissed the claim due to the statute of limitations for contractual claims and the failure to prove breach of contract.
Outcome
Dismissed with costs
Orders
- The Cause is dismissed with costs.
Authorities cited
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