[2018] KEELRC 1611 (KLR)
The court found that the claim was statute barred as it was filed more than twelve years after the cause of action arose, exceeding the six-year limitation period prescribed for contract claims under Section 4(1) of the Limitation of Actions Act. The court further held that Section 27 of the Act, which allows for...
Source-derived case information.
- Citation
- [2018] KEELRC 1611 (KLR)
- Parties
- Applicant: Kenya Game Conservancy Tours & Safaris Workers Union; Respondent: Glory Car Hire Tours & Safaris Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2208 of 2016
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- suit struck out as incompetent
- Judges
- DI Wasike
- Legal Topics
- Limitation Periods, Unlawful Dismissal, Jurisdiction, Legal Representative Status
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Game Conservancy Tours & Safaris Workers Union
Applicant
Glory Car Hire Tours & Safaris Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the claim is statute barred under the Limitation of Actions Act.
- 2 Whether the claimant union has locus standi to bring the suit on behalf of a deceased person without proof of legal representation.
Ratio Decidendi
The court found that the claim was statute barred as it was filed more than twelve years after the cause of action arose, exceeding the six-year limitation period prescribed for contract claims under Section 4(1) of the Limitation of Actions Act. The court further held that Section 27 of the Act, which allows for extension of time, is inapplicable to contract claims and is limited to tort claims involving personal injuries. Additionally, the court determined that the claimant union lacked locus standi to bring the suit on behalf of the deceased employee, as there was no evidence that the union was the legal representative of the deceased. Consequently, the suit was struck out as...
Court Disposition
suit struck out as incompetent
Orders
- The suit is struck out with no order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF
KENYA AT NAIROBI
CAUSE NO 2208 OF 2016
KENYA GAME CONSERVANCY TOURS &
SAFARIS WORKERS UNION..................................................CLAIMANT
VERSUS
GLORY CAR HIRE TOURS & SAFARIS LIMITED......RESPONDENT
RULING
1. By a notice of preliminary objection filed on 5th June, 2017 the respondent averred that the claim herein is statute barred.
2. According to the respondent, the cause of action accrued on 25th April, 2004 when the claimant alleged he was unlawfully dismissed yet the suit was filed on 31st September, 2016 which was more than twelve years from when the cause of action arose. Section 4(1) of the Limitation of Action Act provided for 6 years limitation period in cases founded on contracts.
3. Counsel further submitted that a reading of Section 27 of the Limitation of Actions Act only applied to claims made in tort and even in torts, the claims must be in respect of claim for personal injuries arising from negligence, nuisance or breach of duty. The said provisions do not apply for extension in matters relating to breach of contract. Mr Ndolo did not deny there was delay in filing the suit but blamed it on the conduct of the respondent.
4. As properly pointed out by the respondent, the court under Limitations of Actions Act then or the current Employment Act, does not have jurisdiction to extend time for filing suits based on contract once time has lapsed.
5. But there is another important issue that makes the present suit incompetent. That is, the person on whose behalf it was brought has since died. The claimant union has not exhibited anything to show they are the legal representatives of the deceased to give them authority to bring the present suit. On this ground as well, the suit is incompetent and the same is hereby struck out with no order as to costs.
6. It is ordered.
Dated at Nairobi this 6th day of July, 2018
Abuodha J. N.
Judge
Delivered at Nairobi this 6th day of July, 2018
Abuodha J. N.
Judge
In the presence of:-
…………………………………..…… for the Claimant
………………………………… …. for the Respondent