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Kenya Anti-Corruption Commission v. Marshalls East Africa Ltd & Delphis Bank Ltd

(2019) JELR 100135 (CA)

Court of Appeal  •  Appeal 84 of 2017  •  27 Sep 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

By an originating summons, the appellant sued 17 defendants, including the two respondents in this appeal claiming that 95% of the shares in the 6th to the 17th defendants’ companies in the summons were acquired by the 1st defendant (Kamlesh Pattni) through the proceedings of the Goldenberg scandal and that the attempt to transfer those shares to Ketan Somaia (the 5th defendant) would be of no legal effect. Simultaneously, with the originating summons, the appellant took out an application for the appointment of a receiver/manager, which application was granted ex parte. Before the originating summons could be heard, a settlement was recorded and the summons compromised.

Because they felt that they were wrongly sued in the first place, the respondents in this appeal filed a bill of costs in the sum of Kshs. 60,470,778/= and Kshs. 80,573,021/=, respectively. The Deputy Registrar taxed the two bills at Kshs. 5,266,320/= and instruction fees at Kshs. 5,000,000/= for e…

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