Lifting the Corporate Veil

"The Tribunal is of the considered view that a company is a legal entity distinct from its shareholders and the directors, in other words, it is a juristic person with corporate legal personality separate from those who compose it, the aforementioned principles are laid out in the case of SALOMON & CO LTD v SALOMON[1897] A.C.  The Tribunal also takes cognizance of the fact that a company however operates through human agents such as the board of directors who are appointed in accordance with the Articles and Memorandum of Association and registered with the Registrar of Companies. However, the Tribunal notes that the veil of incorporation cannot be lifted as against them unless there were allegations of fraud brought by the Plaintiff."

The Respondent has not submitted or tendered evidence before the tribunal that the said Company was being used as a vehicle to commit fraud or other criminal activities by the Director, thus the Tribunal opines the Respondent overstepped its mandate in attempting to lift the veil”