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KAMLESH MANSUKHLAL DAMJI PATTNI
V.
STARWOOD HOTELS & RESORTS WORLDWIDE IN & 7 ORS.

(2016) JELR 100267 (CA)

Court of Appeal 30 Sep 2016 Kenya
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Case Details

Suit Number:Civil Appeal 324 of 2011
Judges:Festus Azangalala, Philomena Mbete Mwilu, Sankale ole Kantai
Location:Nairobi
Other Citations:Kamlesh Mansukhlal Damji Pattni v. Starwood Hotels & Resorts Worldwide In & 7 others [2016] eKLR

JUDGEMENT OF THE COURT

By an agreement made in writing dated 12th March, 1999 (as amended on 1st April 1999) Block Hotels Limited (as borrower) entered into agreement with Starwood Hotels and Resorts Worldwide, (inc) for a loan of sums of money stated in the agreement. A management agreement was entered the same day between Block Hotels Limited, Block Management Limited and Starwood Hotels and Resorts Worldwide Inc on terms and conditions agreed. A garantee and indeminity agreement was made the same day between Starwood Hotels and Resorts Worldwide, Inc (as lender) and the following companies as guarantors: Driscoll Investment Limited, Nyali Beach Hotel Limited, Block Management Limited, Kenya Hotels Limited, Wildlife Lodges Limited and Lake Baringo Lodge Limited. All these agreements were made by the respective parties in the United Kingdom.

On the issue of jurisdiction, the first agreement stated herein provided as follows, on the issue of "law, Jurisdiction and the Process Agent”:

“21…

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