CHARLES RAY MAKUTO
V.
ALMAKONY LIMITED & ANOTHER

JUDGMENT OF THE COURT

1. This is an appeal from a ruling delivered by the High Court at Bungoma (A. O. Muchelule, J.) on 4^th December 2012 dismissing the appellant’s motion which had sought an order to “crack the corporate shell and lift the veil of incorporation” of the 1^st respondent.

Background

2. In an amended plaint filed before the Magistrate’s Court at Mumias in August 1992, the appellant sought judgment for Kshs. 36,325.00, jointly and severally, against the 1^st respondent and St. Anne Boarding Primary School (the school). The basis of the claim as pleaded was that in December 1989 the 1^st respondent hired a vibrator machine from the appellant for purposes of carrying out construction works at the premises of the school in Mumias; and that the 1^st respondent used the said vibrator machine and should have paid the said amount of Kshs. 36,325.00 to the appellant. The appellant pleaded further that “payment should have been or ought to be made by” the school.

3. In its defence, the 1^…