[2018] KEELRC 726 (KLR)

[2018] KEELRC 726 (KLR)

The court found that the 1st Respondent was properly served with all relevant court notices and failed to attend court without any excusable reason. The application to set aside the judgment was therefore without merit. Regarding the Objector's claim, the court determined that the Respondents and the Objector were companies with common directorship and shareholding, and the attached vehicles bore the 1st Respondent's logo, indicating they were part of the same business enterprise. The court held that the legal and business structures adopted by the employers, which appeared designed to avoid legal and regulatory burdens, should not prevent the Claimant from executing the judgment. Both...

Citation
[2018] KEELRC 726 (KLR)
Parties
Claimant: Maurice Otieno Olunya; Respondent: Transoceanic Projects Development Limited; Respondent: Transoceanic Projects Development Limited Somalia; Objector: Transoceanic Global Gateway Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Mombasa
Jurisdiction
Kenya
Judgment Date
30 October 2018
Case Number
Cause 831 of 2015
Procedural Posture
Employment Cause / Ruling on Post Judgment Applications and Objection Proceedings
Outcome
Applications by the 1st Respondent and the Objector dismissed; Claimant at liberty to execute.
Judges
J Rika
Legal Topics
Unfair Termination, Execution of Judgment, Company Directorship, Lifting Corporate Veil
Source Language
English
Employment and Labour Unfair Termination Execution of Judgment Company Directorship Lifting Corporate Veil

Case Brief

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Parties

Maurice Otieno Olunya

Claimant

Transoceanic Projects Development Limited

Respondent

Transoceanic Projects Development Limited Somalia

Respondent

Transoceanic Global Gateway Limited

Objector

Procedural Posture

Employment Cause / Ruling on Post Judgment Applications and Objection Proceedings

Legal Issues

  1. 1 Whether the 1st Respondent's application to set aside judgment and reopen hearing should be allowed.
  2. 2 Whether the Objector has established legal ownership of the attached motor vehicles to warrant lifting the attachment.
  3. 3 Whether the Claimant is entitled to proceed with execution against the attached vehicles despite the Objector's claim.

Ratio Decidendi

The court found that the 1st Respondent was properly served with all relevant court notices and failed to attend court without any excusable reason. The application to set aside the judgment was therefore without merit. Regarding the Objector's claim, the court determined that the Respondents and the Objector were companies with common directorship and shareholding, and the attached vehicles bore the 1st Respondent's logo, indicating they were part of the same business enterprise. The court held that the legal and business structures adopted by the employers, which appeared designed to avoid legal and regulatory burdens, should not prevent the Claimant from executing the judgment. Both...

Court Disposition

Applications by the 1st Respondent and the Objector dismissed; Claimant at liberty to execute.

Orders

  • The Application filed by the 1st Respondent on 29th May 2018 is rejected with costs to the Claimant.
  • The Objector’s Application filed on 6th June 2018 is rejected with costs to the Claimant.