Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedNot stated in the judgment text provided· [2020] KEELRC 669 (KLR)

Mwambire Mwayele Ndundi v Mohamed Hassan t/a Saary Nahdy Logistics & Saary Nahdy Logistics (Objector) [2020] KEELRC 669 (KLR)

Employment and Labour Relations Court
9 April 2020
LNLINNET NDOLO
887 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

A Kenyan court refused to remove a business from an unfair termination case because it admitted employing the worker, ruling that removing it would cause injustice.

What this practically means

#

Executive summary

#
By a Notice of Motion dated 23rd October 2019, the Objector, Saary Nahdy Logistics, sought to have its name expunged from employment proceedings brought by a Claimant against the Respondent, Mohamed Hassan. The Objector, through an affidavit sworn by Swaleh Omar, argued there was no cause of action against it, that its registered proprietors (Mohammed Suleiman Idha and Swaleh Omar) were not parties, that the Respondent was neither a Managing Director nor an employee, and that the business dealt solely in motor vehicle spare parts and not transport services requiring a turnboy. The Claimant opposed, deponing that he was employed by Saary Nahdy Logistics as a turn boy and later Operations Manager, was terminated on 13th March 2017 by Mohamed Hussein, and that a Response filed on 25th February 2019 by Mohamed Hassan T/A Saary Nahdy Logistics admitted his employment. He sought leave to amend his claim to join the registered proprietors if the application succeeded. The court framed a single issue: whether the Objector had been properly sued. Holding that the employment relationship was uncontested and that the application raised only the identity of the proprietors, LINNET NDOLO, J found that striking out the claim would occasion a great injustice. The application dated 23rd October 2019 was disallowed with costs to the Claimant, who was granted liberty to file a formal application to amend his claim to enjoin the correct proprietors. The ruling was delivered electronically pursuant to COVID-19 directives.

Key legal issues

#
01

Whether Saary Nahdy Logistics was properly sued

Holding

Yes; the application to expunge the Objector's name was disallowed because the employment relationship was admitted and the dispute concerned only the identity of the proprietors.

Reasoning

The Objector relied on a Certificate of Registration showing Mohammed Suleiman Idha and Swaleh Omar as proprietors, arguing no cause of action lay against it. The Claimant relied on an NSSF statement and a Response filed by Mohamed Hassan T/A Saary Nahdy Logistics admitting employment. The court found employment uncontested, the objection went only to proprietors' identity, and striking out would be a great injustice. Leave to amend to join correct proprietors was granted.

p. 2

Legal principles established

#
  • Where an employment relationship is admitted or uncontested, a party will not be struck out of proceedings merely on the identity of the business proprietors, as that would occasion injustice.

Court orders

#
  1. 1.The Objector's Notice of Motion dated 23rd October 2019 is disallowed with costs to the Claimant
  2. 2.The Claimant is at liberty to file a formal application to amend his claim to enjoin the correct proprietors of Saary Nahdy Logistics

Authorities

#

Legislation

  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 40
  • Civil Procedure ActSection 18
  • Civil Procedure RulesOrder 21 Rule 1
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction (constitutional/statutory provision not expressly stated in the excerpt)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Mwambire Mwayele Ndundi v Mohamed Hassan t/a Saary Nahdy Logistics & Saary Nahdy Logistics (Objector) [2020] KEELRC 669 (KLR)", Case Analysis (2020). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/669/eng@2020-04-09

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.