Regina Kamanthe (Suing On Behalf Of The Estate Of Bonface Muinde Nyamsyo (Deceased) v Esmond Bradmond Martin [2013] KEHC 1004 (KLR)
- Court
- High Court of Kenya
- Case number
- 1004
- Citation
- [2013] KEHC 1004 (KLR)
- Decided
- 13 November 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendant's Motion to Strike Out Plaintiff's ClaimCoramD A ONYANCHA
Holding
The plaintiff's claim is not time-barred and the motion to strike out the plaint is dismissed.
Facts
The deceased, a night watchman, was employed by the defendant and was killed in the course of his employment on June 9, 2008. The plaintiff claims breach of employment contract.
Issues
- Whether the plaintiff's claim is time-barred under Section 4(2) of the Limitation of Actions Act.
- Whether the plaintiff can choose between a tort claim or a breach of contract claim.
Reasoning
The court ruled that the plaintiff's claim is based on breach of employment contract terms and is not time-barred. The plaintiff can choose between a tort claim or a breach of contract claim.
Outcome
Motion to strike out the plaint dismissed.
Authorities cited
Legislation (3)
- Limitation of Actions Act
- Law Reform Act
- Fatal Accidents Act
Cases cited (2)
- Athi River Marble and Granite Ltd vs Patrick Mutuku
- Kenya Cargo Handling Services Ltd vs David Ugwang
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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