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TASMAC LIMITED V. ROBERTIO MACRI, RUGGERO SCIOMMERI , SHALIN CHITRANJAN GOR & NASSAU LIMITED

(2017) JELR 93972 (CA)

Court of Appeal  •  Civil Application 6 of 2017  •  12 Oct 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

RULING OF THE COURT

By his motion on notice dated 21st February, 2017, the applicant Giancarlo Ernesto Bottini, through the firm of Kenyariri and Associates Advocates seeks, inter alia, orders that;

1. The Honourable Court be pleased to extend time for filing of this application seeking leave to appeal.

2. The Honourable Court be pleased to grant leave to the Applicant to appeal against the whole of the ruling of the Superior Court, Hon. O. A. Angote J, delivered on 3rd February, 2017.

3. The Ruling and Orders made on 3rd February, 2017 be set aside.

4. The Court do issue a conservatory order restraining the Respondents by themselves, agents, servants or employees from obstructing the Appellant’s directors/shareholders or its agents access into premises of Nassau Limited on Land Reference No. 603 (Original No. M. 6/22) and Land Reference No. 12096C, whereof the Appellant is a shareholder, particularly Blue Marlin Resort in Malindi and Apartment Number 8 Block ‘D’ and any other properties h…

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