[2021] KEELRC 1371 (KLR)

[2021] KEELRC 1371 (KLR)

The court determined that, in the interests of justice and to ensure a fair hearing, it was necessary for the claimant to file a response to the application and for the Registrar of Companies to clarify the ownership of the companies in question. The court exercised its discretion to direct the filing of affidavits...

Source-derived case information.

Citation
[2021] KEELRC 1371 (KLR)
Parties
Claimant: Elly Barasa Ochieng; Respondent: Gallant Security Services Limited; Applicant: Gallant Security Services Limited (Registration No. CPR/2012/66275)
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 911 of 2011
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Directions and Interim Orders
Outcome
Interlocutory orders and directions issued; interim orders extended.
Judges
AN Makau
Legal Topics
Company Ownership Dispute, Interlocutory Orders, Affidavit Filing Timelines
Source Language
en
Employment and Labour Company Ownership Dispute Interlocutory Orders Affidavit Filing Timelines

Source-derived case record

Summary, issues, holding and outcome

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Parties

Elly Barasa Ochieng

Claimant

Gallant Security Services Limited

Respondent

Gallant Security Services Limited (Registration No. CPR/2012/66275)

Applicant

Procedural Posture

Miscellaneous Application / Interlocutory Ruling on Directions and Interim Orders

Legal Issues

  1. 1 Whether a response from the claimant is necessary before determination of the application.
  2. 2 Whether the Registrar of Companies should clarify the ownership of the companies in question.
  3. 3 Whether interim orders should be extended pending further hearing.

Ratio Decidendi

The court determined that, in the interests of justice and to ensure a fair hearing, it was necessary for the claimant to file a response to the application and for the Registrar of Companies to clarify the ownership of the companies in question. The court exercised its discretion to direct the filing of affidavits and extended the interim orders to maintain the status quo until the application could be heard and determined. These directions were issued to facilitate a just and expeditious resolution of the ownership dispute and related interlocutory matters.

Court Disposition

Interlocutory orders and directions issued; interim orders extended.

Orders

  • Claimant to file affidavit before close of business Friday 2nd July 2011.
  • Registrar of Companies to file affidavit on ownership of Gallant Security Services Limited (C. 34188 and CPR/2012/66275) within 14 days.