Case Analysis

Malindi Property Refund Company Director Personal Liability Lawyer and Advocate at Malindi High Court: Nkunda: A Company Debt Does Not Automatically Become a Director’s Debt

If you need help from a malindi property refund company director personal liability lawyer or advocate for a matter connected to Malindi High Court, start with the actual orders and documents. This article analyses Nkunda v Equity Premier Land Solutions, decided by Malindi High Court.

The application against directors failed

Following a company judgment involving a KSh 4 million purchase refund and other amounts, the creditor sought personal execution against directors. The High Court dismissed the application without costs. Inability to recover from the company and assertions about wealthy directors did not establish the special improper conduct required for the proposed remedy. The application also failed to identify the directors properly. Examination about company assets under Order 22 rule 35 is different from imposing personal liability. The ruling did not cancel the existing company debt.

Identify the judgment debtor before targeting assets

A Malindi property refund enforcement lawyer needs the judgment, decree and the exact legal name of the debtor. Bring the purchase agreement and documents identifying the contracting seller. Explain whether payment went to a company, an individual or another entity. An advocate should compare the contract and the judgment before considering execution against a different person.

Provide available company records identifying officers and registered details. Do not assume that a person appearing in marketing material is the judgment debtor or that a director’s property belongs to the company. Accurate identity information is necessary even where your immediate frustration is an unpaid refund.

Keep a clear account of recovery already attempted

Prepare a schedule of sums awarded, credits received and the outstanding balance. Attach payment evidence and execution documents. If an asset was sold, include the available sale and remittance records. Explain any discrepancy between sale proceeds and the amount credited to the debt rather than presenting both as separate losses.

Give your lawyer the notices, warrants and reports from earlier collection steps. Record unsuccessful attempts as well as successful ones. This allows the adviser to assess the current enforcement position without assuming that lack of payment establishes wrongdoing by every officer of the debtor company.

Separate asset information from a personal liability allegation

State which assets you believe belong to the company and the evidence supporting that belief. For assets held in another name, explain the alleged connection and provide documents. Distinguish a request for information about company property from a request to make an officer personally pay the judgment.

If you allege diversion of funds or dishonest conduct, identify the transaction, date, person and supporting record. Avoid relying solely on descriptions of lifestyle or apparent wealth. An advocate needs specific facts to assess whether the evidence supports a personal claim or another procedural remedy.

Explain the conduct said to justify the requested order

Prepare a chronology showing what occurred before and after the purchase refund judgment. Identify who made each representation and which document records it. Include information that may contradict your account. A focused consultation allows the lawyer to assess the legal significance of the conduct rather than adopt an unsupported accusation.

Do not assume that an unpaid corporate debt alone establishes a basis for lifting the corporate veil. Ask the adviser to distinguish the company’s obligation, any existing personal undertaking and the additional allegations. The available route must be assessed on the actual documents and cannot be copied from an unrelated creditor’s application.

Bring the complete court history to consultation

Supply the claim, judgment, decree and every later execution or examination application. Include the responses and rulings. If directors were already named in an application, show how they were identified and served. Your advocate needs the procedural record to assess what remains open and what has already been decided.

For consultation, attach the debtor identity records, a reconciled judgment balance and evidence of the particular conduct alleged. State whether you seek company asset information, ordinary execution or assessment of personal liability. Nkunda concerns the limits of the application presented; it does not guarantee recovery, absolve every director in another case or erase the judgment against the company.

Editorial analysis checked on 5 October 2026. Practical document guidance is commentary. The cited case is not our firm’s case or a promised outcome; later orders may affect its position.