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Nasir Ibrahim Ali & 2 others v. Kamlesh Mansukhlal Damji Pattni & another

(1998) JELR 98592 (CA)

Court of Appeal  •  Civil Appl no.nai.71 of 98  •  24 Apr 1998  •  Kenya

Coram
Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo

Judgement

RULING OF THE COURT

:By a plaint dated and filed on 24th February, 1998 in the superior court, the first respondent herein averred that on 27th March, 1992 the first applicant herein on his own behalf and on behalf of the second applicant herein executed a Memorandum of Understanding with him wherein it was agreed inter alia that the first respondent was to purchase 100% shares owned by the first and second applicants in the third applicant herein, a limited liability company incorporated in the Isle of Man in the United Kingdom on 5th December, 1989 with its Head Office at Al Qooz, P.O. Box 8222, Dubai, United Arab Emirates and carries on business in Kenya in the name and style of Kenya Duty Free Complex at the Jomo Kenyatta International Airport, Nairobi and at the Moi International Airport, Mombasa and owns Warehouses in Nairobi, at the price of U.S. Dollars 13,750,000.This Memorandum of Understanding was to be followed by a formal execution of Sale and Purchase Agreement.

According …

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