Mutungi & 6 others v VIL Limited; Kaumbuthu t/a Mwenda Kaumbutu & Co Adovates & 4 others (Contemnor) (Cause 225 of 2017) [2023] KEELRC 569 (KLR) (2 March 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 569
- Citation
- [2023] KEELRC 569 (KLR)
- Decided
- 2 March 2023
The court found the affidavit in support of the motion not to be defective. However, the court determined that the Respondents are not in contempt of court as the orders were not directed at them and the matter is a matter of professional misconduct.
Facts
The Claimants/Applicants sought orders against the Contemnors/Respondents for failing to comply with court orders, including depositing sufficient securities, lifting the veil of incorporation, and declaring contempt. The Contemnors/Respondents were alleged to have concealed, disposed of, and sold attached goods.
Issues
- Whether the affidavit in support of the motion is incurably defective.
- Whether the Respondents are in contempt of court.
Reasoning
The court ruled that the affidavit was not defective, but the Respondents are not in contempt of court as the orders were not directed at them and the matter is a matter of professional misconduct.
Outcome
The motion for contempt was dismissed.
Authorities cited
Cases cited (3)
- Kenya Tea Growers Association Vs Francis Atwoli and 5 Others [2012] eKLR
- Clarke and Others Vs Chadburn & Others [1985] 1All E.R (PC)
- Cecil Miller v Jackson Njeru & Another (2017) eKLR
Loading judgment…