Parties involved in a battle for the control of a multi-million-shilling property owned by former President Mwai Kibaki have clashed over an understanding of orders by the Court of Appeal.
Lawyers handling the case, led by Gibson Kuria and Lucy Mwai, moved to the court for settling of the terms of the order dated March 21.
According to documents the Court of Appeal Judges Agnes Murgor, Fatuma Sichale and Sankale ole Kantai gave back control of the property to Kibaki and his team.
Additionally, the judges allowed the Kibaki team to control a company, Mathingira Wholesalers Ltd, which they started in the 1980s.
[caption caption="Retired President Mwai Kibaki during a past event"][/caption]
The appellate court judges overturned a ruling by Justice Lucy Waithaka of the Environment and Lands Court which had denied the former President proprietorship of the property after new shareholders came in.
They maintained that Justice Waithaka's approach when deciding the case was wrong adding that she mixed up shareholding of a company with an asset which was totally unrelated to the corporate body.
“We think that based on the material placed before the Judge, the holding is, with respect, erroneous and contrary to the company and written law and would create a dangerous precedent to the administration and management of corporate entities,” the Appellate judges stated.
The Court of Appeal judges further noted that the Lands’ court judge employed equitable principles that were not and could not have applied in the case before her.
“There was an express statutory law governing how shares should be transferred from existing members either to other members or to outsiders,” the judges maintained.
[caption caption="Retired President Mwai Kibaki"][/caption]
Lawyers from both parties are waiting for dates to be set to appear in court for an interpretation of the orders.