Kamunyi v Inoi Farmers Co-operative Society Ltd (Miscellaneous Cause E009 of 2021) [2023] KEELRC 445 (KLR) (20 February 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 445
- Citation
- [2023] KEELRC 445 (KLR)
- Decided
- 20 February 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLimitation of Actions ActPostureApplication for leave to file suit out of timeCoramONESMUS N MAKAU
Holding
The application is dismissed with costs as the court has neither jurisdiction nor discretion to extend the limitation period set by the statute for filing suits founded on contract, including employment contract.
Facts
The applicant, Francis Kamuni, was terminated from employment on September 28, 2007, and sought to file a suit against the respondent, Inoi Farmers Co-operative Society Ltd, out of time.
Issues
- Whether leave should be granted to the applicant to file suit against the respondent out of time.
- Whether the court has jurisdiction to extend the limitation period set by the statute for filing suits founded on contract, including employment contract.
Reasoning
The court held that the overriding purpose of all limitation statutes is to end litigation, and that a court cannot extend the limitation period for filing suits founded on contract, including employment contract.
Outcome
Dismissed with costs
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Employment and Labour Relations Act
Cases cited (2)
- Anadet Kalia Musau v Attorney General & 2 others [2020] eKLR
- Devecon v Samani [1995-1998] 1 EA p 48
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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