Meta Platforms, Inc & 2 others v Motaung & 186 others; Kenya National Human Rights and Equality Commission & 14 others (Interested Parties) (Civil Appeal E232 & E445 of 2023 (Consolidated)) [2024] KECA 1262 (KLR) (20 September 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 1262
- Citation
- [2024] KECA 1262 (KLR)
- Decided
- 20 September 2024
The court dismissed the appellants' application to strike out the petition against the 2nd and 3rd respondents, as it would leave certain questions unanswered and the court is enjoined to administer justice expeditiously.
Facts
The appellants (Meta Platforms, Inc and Meta Platforms Ireland Limited) filed a petition against the 1st respondent (Daniel Motaung) and 2nd respondent (Samasource Kenya EPZ Limited) for various reasons. The 1st respondent sought leave to serve the 2nd and 3rd respondents, which was denied.
Issues
- whether the application was competent
- whether the appellants should be struck out as parties to the petition
- whether the 1st respondent ought to have sought leave to serve the 2nd and 3rd respondents
Reasoning
The court stated that while procedure is an elemental component in the administration of justice, substantive justice is the ultimate goal unless the procedural deficiency is sufficiently grave to render substantial justice unattainable. The court found it only fair to allow the petitioner an opportunity to comply with the service order.
Outcome
Appeal dismissed
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