1. I have reviewed the ruling dated 30th September, 2021 issued by this court. Order (a) of the said ruling directed that the directors of the respondent company do appear before court for purposes of being examined on the respondent company’s property and/or means of satisfying the decree herein. The said directors were further ordered to produce the respondent’s books of accounts and other documentary evidence.
2. To date, these orders have not been complied with. Today, the said directors are not present in court despite having been served with today’s hearing date as evidenced by the affidavit of service sworn on 19th February, 2025.
3. Order (b) of the said ruling of 30th September, 2021 was a consequential prayer. In light of this and for the reason that court orders are not to be issued in vain, since the directors have failed to comply with the court orders, I have no hesitation allowing the application dated 14th September, 2020.
4. Accordingly, I do hereby grant prayers (ii), (iii), (iv) and (vi) on the following terms:
(ii) That an order is hereby issued piercing the corporate veil of the respondent company, Bradley Limited. The directors of the respondent, namely Guerassim Nikolov Nikolov, Gene Grand, Valentina Nikolaeva Mineva, Ronald Kamwiko Karauri, Paul Wanderi Ndungu, Dickson Mwangi Wathika and Paul Muchene Kinuthia and directors of Pevans East Africa Limited be and are hereby jointly and severally held personally liable to pay the applicant the decretal sum of KShs.5,321,573.80 and taxed costs herein in the sum of KShs.716,791.00 plus interest at 14% pa from 30/11/2016 in terms of the decree of this court dated 27th August, 2020.
(iii) That warrants of attachment and sale of assets of the directors and shareholders of the respondent, Bradley Limited, namely, Guerassim Nikolov Nikolov, Valentina Nikolaeva Mineva, Gene Grand, Ronald Kamwiko Karauri, Paul Wanderi Ndungu, Dickson Mwangi Wathika, Paul Muchene Kinuthia and directors of Pevans East Africa Limited do issue in execution of the decree herein.
(iv) That in the alternative to (iii) above, a Notice to Show Cause be and is hereby issued upon the said compelling the directors and shareholders of the respondent, Bradley Limited, namely, Guerassim Nikolov Nikolov, Valentina Nikolaeva Mineva, Gene Grand, Ronald Kamwiko Karauri, Paul Wanderi Ndungu, Dickson Mwangi Wathika, Paul Muchene Kinuthia and directors of Pevans East Africa Limited to show cause why they should not be committed in civil jail for failure to pay or satisfy the decretal sum in this suit.
5. Costs of this application are awarded to the applicant.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 20TH DAY OF FEBRUARY 2025.
F. MUGAMBI
JUDGE