Major Silas Mwiti (Rtd) & another v Peter Viljoen [2019] KEELRC 1394 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1394
- Citation
- [2019] KEELRC 1394 (KLR)
- Decided
- 14 June 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the Employment and Labour Relations Court to the High CourtCoramBYRAM ONGAYA
Holding
The Court finds that the primary relationship between the claimants and the respondent is that of shareholding and directorship, and transfers the case to the High Court's commercial division.
Facts
Major Silas Mwiti and Sunland Roses Limited filed a statement of claim against Peter Viljoen, alleging he deserted duty as the managing director and engaged in insider trading. Viljoen filed a preliminary objection challenging the court's jurisdiction.
Issues
- Whether the claimants are entitled to suspend or remove the respondent as the managing director.
- Whether the claimants are entitled to dismiss the respondent from employment.
- Whether the respondent fraudulently and unlawfully caused the alteration of his immigration status.
- Whether the claimants are entitled to a true and accurate rendering of the 2nd claimant's state of accounts.
- Whether the claimants are entitled to compensation and damages for unlawful and fraudulent conversion of the 2nd claimant's assets.
- How much compensation or damages are the claimants entitled to?
- Who should pay the costs and interest occasioned by the claim.
Reasoning
The Court determined that the relationship between the claimants and the respondent is more of a dispute between shareholders or directors, not an employment relationship.
Outcome
The case is transferred to the High Court's commercial division.
Orders
- The suit is hereby transferred to the High Court’s commercial division for hearing and determination.
- Order 1 given on 27.05.2019 is hereby extended until further orders by the High Court.
- The costs of the preliminary objection to abide the outcome of the suit.
- Parties to fix a date for mention within 14 days from today before the High Court for directions on further steps accordingly.
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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