Kisii University v Orere (Appeal E022 of 2023) [2024] KEELRC 1247 (KLR) (15 May 2024) (Judgment)

Summary at a glance

Facts

Kisii University sued Julius Orere for breach of contract for unpaid remuneration from September 2015 to May 2017. The Senior Principal Magistrate allowed the Respondent's claim for Kshs 606,336/- and dismissed the plea of limitation.

Issues

• Whether the Senior Principal Magistrate erred in allowing the Respondent's claim against the weight of evidence.
• Whether the Senior Principal Magistrate erred in law and fact in holding that the Respondent had established a case against the Appellant.
• Whether the Senior Principal Magistrate erred in failing to evaluate, consider and determine all the issues raised in the pleadings and in the evidence.
• Whether the Senior Principal Magistrate erred in allowing claims that were time-barred.
• Whether the Senior Principal Magistrate erred in finding that the procedure for finding that the claim for claiming payment was introduced in 2020 against the evidence presented which showed that the procedure for claiming payment was in existence prior to 2020.
• Whether the Senior Principal Magistrate erred in failing to appreciate that the Respondent had an internal laid down procedure for claiming payments which the Respondent did not follow yet the trial court allowed the Respondent's claim.
• Whether the Senior Principal Magistrate erred in giving ambiguous and contradictory orders.

Reasoning

The Court re-evaluated the evidence and found that the Senior Principal Magistrate did not err in allowing the Respondent's claim for Kshs 606,336/- and dismissing the plea of limitation.

Outcome

Appeal dismissed with costs to the Respondent.

Orders

• The Appeal is dismissed with costs to the Respondent.

Authorities cited