Background
1. This matter arises from Miscellaneous Application No. E483 of 2024. By a ruling delivered on 5th November 2024, this Court allowed the decree holder’s application dated 12th June 2024, which sought inter alia an order for the examination of the judgment debtor’s directors. In compliance with that ruling, counsel for the respondent (Mr. Mararo) appeared on 11th February 2025 when cross examination was scheduled. By consent of both parties, a hearing date was fixed for the cross-examination of the judgment debtor’s directors today 15th May 2025.
2. The respondent’s directors have failed to attend the Court. No notice of their intended absence or any explanation was provided to the Court or to the decree holder. This non-appearance was in direct violation of the Court’s explicit directives. Notably, Order (ii) of the ruling made on 5th November 2024 had warned the judgment debtor of specific consequences in the event of such non-compliance.
3. In view of the respondent’s default and pursuant to the Court’s earlier directions, the Court finds the default sufficient to warrant lifting the corporate veil of the judgment debtor company. Accordingly, the corporate veil of Al Bidaya Enterprises Limited is hereby lifted, and its directors Hassan Salim Mohamed, Angela Warau Mwangi, and Mohamed Abdalla are held personally liable to satisfy the decretal amount owing to the applicant. The decree holder/applicant shall have the costs of this application.
It is so ordered.
DATED, SIGNED AND DELIVERED IN MOMBASA
THIS 15TH DAY OF MAY 2025.
F. MUGAMBI
JUDGE