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HERMANUS PHILLIPUS STEYN
V.
GIOVANNI GNECCHI RUSCONE

(2010) JELR 101596 (CA)

Court of Appeal 22 Oct 2010 Kenya
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Case Details

Suit Number:Civil Appeal 171 of 2009
Judges:Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki
Location:Nairobi
Other Citations:Hermanus Phillipus Steyn v. Giovanni Gnecchi Ruscone [2010] eKLR

JUDGMENT OF THE COURT

By a plaint dated 17th December, 1993, Giovanni Gnecchi Ruscone, an economist, and the respondent in this appeal, made a liquidated demand of a total sum of US$3,690,097.22 being commission for services rendered to Hermanus Phillipus Steyn, the appellant, allegedly at his request sometime between 1991 and 1993. The appellant denied the claim and upon trial, Waweru J, in a reserved considered judgment delivered on 7th September, 2007, found for the respondent. The appellant was aggrieved and hence this appeal.

The background facts are as follows; The appellant was one of the shareholders and directors of companies which had vast assets within the United Republic of Tanzania, which included agricultural land. Between 1981 and 1982. All those assets, including the personal and family assets of the appellant were nationalized by the government of Tanzania which at the same time ordered the deportation of the appellant. The government thereafter enacted the Companies (A…

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