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ELRCDismissedNotice of Motion dated 21st January, 2025 (in the principal suit)· [2025] KEELRC 1641 (KLR)

Kamanga v Venus Inn & another; Mahindi Comfy Hotel Limited (Objector) (Cause 371 of 2017) [2025] KEELRC 1641 (KLR)

Employment and Labour Relations Court
30 May 2025
MOMaureen Onyango
1,755 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court refused to stop asset seizure because the objecting company was simply the same business trying to dodge the debt.

What this practically means

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Executive summary

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The Objector, Mahindi Comfy Hotel Limited, moved the court by Notice of Motion dated 21st January 2025 seeking a temporary stay of attachment and further execution of proclaimed business assets (tables, chairs, televisions, a music system and stock of beer), a declaration that the attachment was wrongful, illegal, null and void, and costs. It argued that it did not owe the Claimant any debt, was not the 2nd judgment debtor, and owned the proclaimed assets for its licensed hotel business. The Claimant/Decree Holder, Jackline Jarenga Kamanga, opposed the application through replying and further affidavits, contending that the Objector and the 2nd Respondent (Mahindi Comfy Hotel) were one and the same entity, citing the certificate of incorporation, a prior director's affidavit, the manager's witness statement describing the businesses as unregistered names of the late Jackson Gitonga Mahindi, common directors found in an earlier ruling of 29th February 2024, and a shared postal address. The court framed two issues: whether the Objector and 2nd Respondent were separate legal entities, and if not whether the Objector was entitled to the prayers. Finding the two to be one and the same person, the court held the application was yet another scheme to abuse the court's process, echoing Shah v Mbogo on delay and obstruction, and dismissed the application. The Objector had also failed to file a further affidavit or submissions despite leave. Judgment was delivered virtually on 30th May 2025 by Maureen Onyango, J.

Key legal issues

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01

Whether the Objector (Mahindi Comfy Hotel Limited) and the 2nd Respondent (Mahindi Comfy Hotel) are separate legal entities

Holding

The court found they are one and the same person, relying on documents on record including the witness statement of Albert Chege Ndung'u and the certificate of incorporation

Reasoning

The Claimant demonstrated through the witness statement of the general manager that Venus Inn and Mahindi Hotel were unregistered business names of the late Jackson Gitonga Mahindi, not separate legal entities. The Objector's own director (Annastacia Mumbi) had previously sworn that the 2nd Respondent operated as a company from 2012, and the shared postal address (P.O. Box 812-30100, Eldoret) corroborated the identity. A prior ruling of 29th February 2024 had also found common directors.

p. 4
02

Whether the Objector is entitled to the prayers in the application

Holding

No; the application was dismissed as an abuse of process and another scheme by the Respondents to delay the Claimant

Reasoning

Since the Objector and the 2nd Judgment Debtor were found to be the same person, the objection to attachment lacked foundation. The court noted the pattern of applications dated 22nd April 2023, 29th May 2023 and 12th June 2023, and echoed Shah v Mbogo on abuse of the court's discretion. The Objector also failed to file submissions or a further affidavit despite leave.

p. 4

Legal principles established

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  • The court's discretion will not be exercised to assist a party who has deliberately sought to obstruct or delay the course of justice

Court orders

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  1. 1.The Objector's Notice of Motion dated 21st January, 2025 is dismissed

Authorities

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Legislation

  • Companies Actrequirement for companies to have postal addresses (as referred to by the Claimant)

Cases cited (1)

  • Shah v Mbogo
Jurisdiction invoked
Inherent powers of the court over objections to attachment/execution in a suit pending before it

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kamanga v Venus Inn & another; Mahindi Comfy Hotel Limited (Objector) (Cause 371 of 2017) [2025] KEELRC 1641 (KLR)", Case Analysis (2025). Notice of Motion dated 21st January, 2025 (in the principal suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1641/eng@2025-05-30

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