Nyangau v Kenya Marine & Fisheries Research Institute (Cause 235 of 2013) [2014] KEIC 746 (KLR) (5 December 2014) (Ruling)
- Court
- Industrial Court
- Case number
- 746
- Citation
- [2014] KEIC 746 (KLR)
- Decided
- 5 December 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLimitation of ActionsPostureRespondent's Preliminary Objection on Time Barred SuitCoramON MAKAU
Holding
The suit is time barred.
Facts
Claimant was dismissed on 30/5/2001 and filed suit on 30/7/2013, more than 12 years later.
Issues
- Whether the suit is time barred.
- Whether the claimant can shield himself under the doctrine of estoppel.
Reasoning
The court found the suit time barred as it was filed more than 6 years after the cause of action arose, and there was no estoppel to bar the respondent from pleading the defence of limitation.
Outcome
The suit is struck out with no order as to costs.
Orders
- The suit is struck out with no order as to costs.
Authorities cited
Legislation (1)
- Limitation of Actions Act Cap 22
Cases cited (2)
- Divecon Limited vs Samani (1995-1998) E.A 48
- Joseph Tinga Janga's Case
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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