Owenga v Musiara Limited (Cause E6455 of 2020) [2025] KEELRC 522 (KLR) (24 February 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 522
- Citation
- [2025] KEELRC 522 (KLR)
- Decided
- 24 February 2025
Summary at a glance
TypeLabor DisputePostureRespondent filed a Preliminary Objection, Claimant filed grounds of oppositionCoramA.B. Shah, NJ ABUODHA
The court dismissed the Respondent's preliminary objection as it raised a point of law on jurisdiction and the amendment of pleadings was allowed.
Facts
Claimant was dismissed on 17.3.2020 and filed the claim in the same year. The Respondent filed a preliminary objection claiming the claim was time-barred due to the Employment Act's limitation period.
Issues
- Jurisdiction of the court to hear the new claims in the amended memorandum of claim
- Amendment of pleadings and its effect on the limitation period
Reasoning
The court considered the Employment and Labour Relations Court (Procedure) Rules 2016 and the principles under which the court may grant leave to amend pleadings. The court ruled that the amendments were not new causes of action and the claim was not time-barred.
Outcome
Claim allowed to proceed for hearing on merit
Orders
- Preliminary objection dismissed
- Amendment of pleadings allowed
Authorities cited
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