The Court of Appeal dealt a huge blow to Vimal Shah and Nahashon Nyagah over the ownership of Tatu City. Judges Erastus Githinji, Martha Koome and G B M Kariuki ruled that the lawyer representing the two lacked mandate to file the appeal, signaling a significant loss in a suit that has opened a can of worms of how Kenyans can be thuggish, as they seek to con foreign investors.
“The board of directors confirmed that Havi and company advocates had not been instructed to file suit HCCC number 46 of 2015 on behalf of the companies and that the firm had no authority to act on behalf of the companies,” the judges said.
The mandate in the case ought to have been sought through a board resolution. Tatu City board has been wrangling for some time. At some point, the chair of the board, Nahashon Nyagah was replaced, but he filed a suit challenging his removal, the case which is still pending.
The result of the wrangling is that the board could not agree to the case being appealed, hence the law firm of Nelson Havi, had no mandate to file the appeal.
While this is the latest loss for Vimal and Nyagah, it gives hopes to the wrangling that soon the cases will end. There are still a number of cases at the High Court that the two had filed, to frustrate commencement of the project.
Luckily, most of the cases revolve around leadership of Tatu City, and with Majority shareholding Stephen Jennings being resolute about the project, these wrangles are not likely to affect the commencement and realization of the project, set to offer alternative urban setting for Kenya’s increasing middle class.
It is set to become the first city, build from scratch by private investors, close to Nairobi, the capital and also to major infrastructural developments like Jomo Kenyatta International Airport (JKIA).