Assad & another (As Trustees of Global Pastrolist Organisation) v Mutile & 4 others (Appeal E098 of 2024) [2024] KEELRC 2809 (KLR) (14 November 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2809
- Citation
- [2024] KEELRC 2809 (KLR)
- Decided
- 14 November 2024
Summary at a glance
TypeAppealPostureAppeal from the judgment of Hon. M. Nabibya in Mombasa CM ELRC No. E106 of 2022CoramM MBARŨ, J
The court held that the 2nd appellant is not a trustee or an official of the Global Pastoralist Organization and thus not capable of entering into a contractual relationship with the respondents.
Facts
The appellants and respondents were involved in a contract for constructing small mosques in Mombasa, Kwale, and Kili between 2018 and 2021. The respondents claimed unpaid dues for labour, transport, and materials.
Issues
- Whether the 2nd appellant is a trustee or an official of the Global Pastoralist Organization and thus capable of entering into a contractual relationship with the respondents.
- Whether the relationship between the parties is that of an employee or an independent contractor.
Reasoning
The court reviewed the application of Order 1 Rule 13(2) of the Civil Procedure Rules and the Employment and Labour Relations Court (Procedure) Rules. The court found that the 2nd appellant's standing was a crucial issue that should have been addressed first, with finality.
Outcome
The judgment entered in favour of the respondents is set aside, and the decision in favour of the appellants is substituted with costs.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…