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Eric Agbeko, Phillip Nyambok & Ravasam Development Company Limited v. Farouk Ravate, Justin Samourgompoulle & Spire Bank (Formerly Known as Equatorial Commercial Bank Limited)

(2020) JELR 102396 (CA)

Court of Appeal  •  Civil Application 29 of 2020  •  24 Apr 2020  •  Kenya

Martha Karambu Koome, William Ouko, Agnes Kalekye Murgor



On 20th day of January 2020, the High Court, (F. Tuiyott), declared that the 1st and 2nd respondents were the true and rightful directors of Ravasam Development Company Limited (the 3rd applicant) and directed, inter alia, that the names of the 1st and the 2nd applicants be struck out from the records of the 3rd applicant and be replaced with those of 1st and 2nd respondents. The Judge issued an order of mandatory injunction whereby, the first two respondents were compelled to transfer all shares held by them in the 3rd applicant to the first two respondents. They were further restrained from selling, disposing of, charging, dealing or interfering with the 3rd applicant’s property known as L. R Number 2/186 situated off Elgeyo Marakwet Road, Nairobi, (suit property) and not to interfere with the shares and shareholding in and of the 3rd applicant. These orders and a host of others aggrieved the applicants, who, by a motion filed on 7th February, 2020, moved the Cour…

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