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TATU CITY LIMITED & 3 ORS
V.
STEPHEN JENNINGS & 6 ORS

(2017) JELR 96824 (CA)

Court of Appeal 22 Sep 2017 Kenya
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- The dispute concerned control and management of Tatu City Limited and Kofinaf Company, both Kenyan companies developing a large real estate project, with shareholding and boardroom disputes between foreign and local parties centering on r

Case Details

Suit Number:Civil Appeal 259 of 2015
Judges:Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage
Location:Nairobi
Other Citations:Tatu City Limited & 3 others v. Stephen Jennings & 6 others[2017] eKLR

JUDGMENT OF THE COURT

1. The Tatu City project was a grand and noble investment idea. But it is now mired in the ignominy of Boardroom and Shareholder wars, mostly fought in court rooms and the airwaves. The matter before us is just one other battle front that can only lead to a temporary ceasefire as the main battle awaits the parties before the High Court. It is an interlocutory appeal against orders issued by the High Court (Ogola, J.) on 28th April, 2015 in respect of two applications filed by the appellants before us. The first application was dated 5th February, 2015 (amended on 23rd February, 2015); the other was dated 19th March, 2015.

2. Surrounding the dispute is an intricate web of relationships between the parties stretching from Kiambu through Cyprus to Mauritius, but the kernel of it, similarly intricate, is an offshore loan transaction which appears to defy clarity. We may give a brief background to the appeal as gleaned from the record.

3. The 1st appellant (Tatu) and the…

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