Wamuyu v Humprey & Company LLP & 2 others (Cause 490 of 2017) [2022] KEELRC 13487 (KLR) (24 November 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13487
- Citation
- [2022] KEELRC 13487 (KLR)
- Decided
- 24 November 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial judgmentCoramAN MWAURE
Holding
The 3rd respondent Kiraitu Murungi is struck out of the suit
Facts
The case involves a dispute between Lillian Wamuyu and Humprey & Company LLP and two other respondents. The 3rd respondent, Kiraitu Murungi, has been removed from the suit due to his role in the day-to-day management of the organization.
Issues
- Whether the 3rd respondent should be struck out of the suit
- Whether the 3rd respondent is a party to the suit due to his role in the organization
Reasoning
The court found that the 3rd respondent is a separate and distinct legal entity and that there is no useful role for him in the suit. The court also criticized the parties for the slothful manner in which the suit was prosecuted.
Outcome
The 3rd respondent is struck out of the suit
Orders
- The 3rd respondent Kiraitu Murungi is struck out of the suit
- The costs remain in the cause
- The case is set for hearing without unnecessary delay
Authorities cited
Legislation (2)
- Limited Liability Partnership Act No 42 of 2011
- Civil Procedure Act (Chapter 21 of the Laws of Kenya)
Cases cited (2)
- Salomon & Co Ltd v Salomon (1887) AC 22
- Kolaba Enterprises Ltd v Shamsudin Hussein Varuam & another (2014) eKLR
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.
Loading judgment…