[2014] KEELRC 536 (KLR)

[2014] KEELRC 536 (KLR)

The court held that it lacks jurisdiction to extend the limitation period for filing a suit where the law does not expressly provide for such extension. The applicant was not prevented by any sufficient cause from filing the suit within the prescribed period, as he was able to visit the hospital in 2012. The...

Source-derived case information.

Citation
[2014] KEELRC 536 (KLR)
Parties
Applicant: Jared Mogomere Kotwa; Respondent: New Kenya Co-operative Creameries Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Miscellaneous Application 51 of 2013
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application dismissed
Judges
AN Makau
Legal Topics
Limitation of Actions, Extension of Time, Jurisdiction of Court
Source Language
en
Employment and Labour Limitation of Actions Extension of Time Jurisdiction of Court

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jared Mogomere Kotwa

Applicant

New Kenya Co-operative Creameries Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the court has jurisdiction to extend time for filing a suit out of time under the applicable law.
  2. 2 Whether the applicant was prevented by sufficient cause from filing the suit within the prescribed period.

Ratio Decidendi

The court held that it lacks jurisdiction to extend the limitation period for filing a suit where the law does not expressly provide for such extension. The applicant was not prevented by any sufficient cause from filing the suit within the prescribed period, as he was able to visit the hospital in 2012. The authority of Divecon v. Samani was applied, confirming that the court cannot entertain claims filed out of time in the absence of statutory provision for extension. Consequently, the application for extension of time was dismissed.

Court Disposition

application dismissed

Orders

  • The application is dismissed with no order as to costs.