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PARAG BHABWANJIGHAI SAVANI
V.
JITU TRIBHOVANSHAI SAVANI & 2 ORS.

(2017) JELR 94010 (CA)

Court of Appeal 3 Nov 2017 Kenya
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- The dispute involved shareholders and directors (largely family members) of three companies (Key Investments Ltd, Plastic Products Co. Ltd, and Multipackaging Ltd), centering on alleged exclusion from management, improper alteration of co

Case Details

Suit Number:Civil Appeal 98 of 2016
Judges:Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage
Location:Nairobi
Other Citations:Parag Bhabwanjighai Savani v. Jitu Tribhovanshai Savani & 2 others [2017] eKLR

JUDGMENT OF THE COURT

This is yet another family feud over the assets, running and management of some three Companies, Key Investments Ltd, (key) Plastic Products Co. Ltd (Pastic Products) and Multipackaging Ltd (multipackaging) that were the brainchild of the late Bhagwanjibhai Tribhovanghai Patel (BT). The protagonists are BT's offspring or their relatives who are also shareholders and directors of the three companies. They are embroiled in other litigation, specifically H.C.C.C. No. 130 of 2014 which is still pending before the Commercial and Admiralty Division of the High Court at Milimani, to which we shall return.

On 30th April 2015, Jitu Tribhovanbhai Savani (Jitu) moved to the High Court and filed a Miscellaneous Cause under Sections 165 and 166 of the Companies Act (Cap 486, (now repealed, henceforth „the Act) and the High Court Rules made thereunder. The miscellaneous cause was expressed as being in the matter of the three companies and was directed at Parag Bhagwanjibhai Sava…

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