ELSEPHAN INGALULA SHISOKA V MASTERS BAKERS (1987) LIMITED [2013] KEELRC 424 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 424
- Citation
- [2013] KEELRC 424 (KLR)
- Decided
- 26 March 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIndustrial DisputePostureAppeal from an earlier awardCoramLINNET NDOLO
Holding
The Court finds the Claimant's application to have the Directors examined has merit and directs them to present themselves for examination.
Facts
The Claimant sued the Respondent and its named Directors for unfair termination of employment. The named Directors were struck out from the suit, and the Respondent was ordered to pay damages and service pay.
Issues
- Whether the Respondent's Directors should be held personally liable for the judgment amount.
- Whether the Claimant's allegation that the Respondent's assets were sold to defeat justice is valid.
Reasoning
The Court held that the Claimant can only proceed against the Company and not the individual Directors. The assets of the Company were sold before the case was initiated, and the Court found a connection between the case and the sale of assets.
Outcome
The Court ordered the Respondent's Directors to present themselves for examination.
Orders
- Direct the Respondent's Directors to present themselves for examination under Order 22 Rule 35 of the Civil Procedure Rules, 2010.
Authorities cited
Cases cited (3)
- Salomon Vs Salomon &Co. [1897] AC 22. H.L
- Corporate Insurance Co Ltd Vs Savemax Insurance Brokers Ltd East Africa Law Reports [2002] 1EA
- Aviation and Allied Workers Union Vs Kenya Aerotech Limited & Another (Industrial Court Cause No 1494 of 2011)
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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