Abunda v Brandworld Communications Limited & 3 others [2024] KEELRC 964 (KLR)

Abunda v Brandworld Communications Limited & 3 others (Cause E897 of 2022) [2024] KEELRC 964 (KLR) (2 May 2024) (Ruling)

Neutral citation: [2024] KEELRC 964 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Cause E897 of 2022

L Ndolo, J

May 2, 2024

Between

Seth Abunda

Claimant

and

Brandworld Communications Limited

1st Respondent

Kirimi Rintaugu

2nd Respondent

Susan Wamuyu Kanafunzi

3rd Respondent

Catherine Nthenya Kimeu

4th Respondent

Ruling

1. By their Chamber Summons application dated 14th December 2023, the 2nd, 3rd and 4th Respondents seek orders striking out the Claimant’s claim, as against them.

2. The application is supported by an affidavit sworn by the 1st Respondent, Kirimi Rintaugu and is based on the following grounds:a.That on 23rd November 2023, the Court rejected the Claimant’s plea to join the 2nd, 3rd and 4th Respondents in the claim;b.That the 2nd, 3rd and 4th Respondents are improperly joined as parties to the suit;c.That the 2nd and 3rd Respondents were merely shareholders and directors in the 1st Respondent, while the 4th Respondent was a secretary and they do not have any interest in the 1st Respondent Company;d.That no cause of action has been disclosed as against the 2nd, 3rd and 4th Respondents.

3. The Claimant opposes the application by his replying affidavit sworn on 15th February 2024. He depones that the Court allowed him to amend his claim to include all the directors of the Company. He points out that in his application seeking amendment of the claim, he had attached a draft amended Memorandum of Claim, which included the Respondents.

4. The Claimant asserts that the Respondents, having failed to raise an objection upon being served with the application seeking amendment of the claim, are estopped from objecting to the amendment at this stage.

5. In its ruling delivered on 23rd November 2023, this Court declined the Claimant’s plea to lift the corporate veil, on the ground that the threshold for such an order had not been met.

6. By his proposed amendment, whose effect will be to join directors and shareholders of the 1st Respondent, the Claimant seeks to circumvent the findings of the Court on this issue. This is a clear abuse of the court process and the only order to make is to allow the application by the 2nd, 3rd and 4th Respondents, with the result that they are removed from these proceedings.

7. The costs of the application will be in the cause.

8. Orders accordingly.

DELIVERED VIRTUALLY AT NAIROBI THIS 2NDDAY OF MAY 2024LINNET NDOLOJUDGEAppearanceMs. Said for the ClaimantMr. Ombati for the Respondents