Nyagah v Directline Assurance Company Limited & 5 others (Cause E004 of 2023) [2023] KEELRC 795 (KLR) (28 March 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 795
- Citation
- [2023] KEELRC 795 (KLR)
- Decided
- 28 March 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureApplication to strike out notice of appointment of advocate and dismissal of declaration applicationCoramM. Mbarũ
Holding
Application to strike out notice of appointment of Andrew Mmbogori Advocates is dismissed. The company is represented by the appointed advocates pending resolution of shareholder disputes.
Facts
Evans Nyagah, the CEO of Directline Assurance Company Limited, filed a suit on January 10, 2023, claiming he was the principal officer of the company. The company's directors and shareholders appointed Andrew Mmbogori Advocates to represent the company in legal proceedings.
Issues
- Authority of Andrew Mmbogori Advocates to represent Directline Assurance Company Limited
- Appointment of CEO as principal officer
Reasoning
The court ruled that the CEO, as the initiator of the proceedings, cannot be the same person to decide who represents the company in legal matters. The majority shareholders have appointed Andrew Mmbogori Advocates to represent the company.
Outcome
Application dismissed
Orders
- Application to strike out notice of appointment of Andrew Mmbogori Advocates dismissed
- Directline Assurance Company Limited represented by Andrew Mmbogori Advocates pending resolution of shareholder disputes
Authorities cited
Legislation (3)
- Insurance Act
- Companies Act
- Employment and Labour Relations Court Act, 2011
Cases cited (2)
- Xplico Insurance Company Limited [2020] eKLR
- Sureinvest Company Limited & 4 others v Royal Media Services Ltd & others (civil Appl No E509 of 2022)
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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