[2018] KEELRC 1091 (KLR)
The court found that the claimant's attempt to amend the memorandum of claim to introduce new particulars such as underpayment, overtime, and related claims was time-barred under Section 90 of the Employment Act. Since these claims were not pleaded at the inception of the suit on 28th June 2016, the limitation...
Source-derived case information.
- Citation
- [2018] KEELRC 1091 (KLR)
- Parties
- Applicant: Michael Ng'ang'a Ruiri; Respondent: Karani Mutitu
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 133 of 2017
- Procedural Posture
- Cause / Ruling on Application to Amend Pleadings
- Outcome
- application dismissed
- Judges
- AN Makau
- Legal Topics
- Amendment of Pleadings, Limitation Periods, Employment Benefits, Overtime Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Ng'ang'a Ruiri
Applicant
Karani Mutitu
Respondent
Procedural Posture
Cause / Ruling on Application to Amend Pleadings
Legal Issues
- 1 Whether the claimant should be granted leave to amend the memorandum of claim to introduce new particulars including underpayment, overtime, leave dues, house allowance, salary in lieu of notice, and service pay.
- 2 Whether the introduction of new claims is barred by the limitation period under Section 90 of the Employment Act.
Ratio Decidendi
The court found that the claimant's attempt to amend the memorandum of claim to introduce new particulars such as underpayment, overtime, and related claims was time-barred under Section 90 of the Employment Act. Since these claims were not pleaded at the inception of the suit on 28th June 2016, the limitation period had already set in, and the claimant was precluded from introducing them. The court held that the claim is confined to those claims set out in the original claim as filed. Consequently, the claimant's application for leave to amend was dismissed.
Court Disposition
application dismissed
Orders
- The claimant's notice of motion application to amend the memorandum of claim is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NYERI
CAUSE NO. 133 OF 2017
MICHAEL NG’ANG’A RUIRII...................................CLAIMANT
VERSUS
KARANI MUTITU.....................................................RESPONDENT
RULING
1. The Claimant/Applicant seeks leave to amend the memorandum of claim. In the motion, the Claimant seeks to introduce particulars of the underpayment and overtime in 2014, 2015 till April 2016, the leave dues for 2014-2015, house allowance and salary in lieu of notice and service pay inter alia. The Respondent is opposed to the grant of the motion as the Respondent asserts the introduction of these fresh claims is an attempt to defeat the limitation period that has already set in.
2. The motion seeks to introduce particulars of the claim that were not pleaded at the inception of the suit on 28th June 2016. The Claimant is therefore time barred in terms of Section 90 of the Employment Act to introduce the claims on overtime and the like. The Claimant pleaded in his claim for house allowance, off days, holidays, salary in lieu of notice and leave days. The claim is therefore confined to those claims set out in his claim as pleaded in the claim filed before the court on 28th June 2016. The Claimant/Applicant’s notice of motion application is dismissed but I make no order as to costs.
It is so ordered.
Dated and delivered at Nyeri this 28th day of September 2018
Nzioki wa Makau
JUDGE