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Stephen Jennings & 4 others v Tatu City Limited & 5 others [2018] KECA 730 (KLR)

[2018] KECA 730 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
730
Citation
[2018] KECA 730 (KLR)
Decided
23 February 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the High Court's ruling and orderCoramASIKE – MAKHANDIA, W. OUKO, K. M’INOTI
Holding

The appeal is allowed with costs.

Facts

Tatu City project loan dispute involving Tatu City Limited and Kofinaf Company Limited. Appellants and respondents had disagreements over the sale of properties to repay a US$ 62.5 million loan and the appointment of an audit firm.

Issues

  1. Appointment of additional directors
  2. Removal and replacement of the Chairman of the Board of Directors
  3. Operation of bank accounts
  4. Repayment of the loan
  5. Offshore loan transaction

Reasoning

The court found that no leave was required to institute contempt proceedings and that the learned judge should have imposed a penalty for contempt instead of appointing another firm of auditors.

Outcome

Appeal allowed

Orders

  • Allow the appeal with costs
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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