Supreme Court Halts Tuju’s Karen Property Auction Over Ksh.2.2B Debt
Former Cabinet Secretary Raphael Tuju can heave a sigh of relief now. The Supreme Court has halted the auction of his property, Dari Restaurant, over a debt of Ksh.2.2 billion.
A five-judge panel has decided to put a hold on the case against the East African Development Bank (EADB). Until it can be heard and decided. This stay of proceedings has been granted to Tuju.
“That this Honorable Court issues conservatory orders. Stating the execution of the judgment of the Court of Appeal dated 20th April 2023 in Civil Appeal No. 70 of 2020. Dari Limited and 5 Others -versus- East African Development Bank. Pending the hearing and determination of this application,” reads the motion for a stay of execution.
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Late in the previous month, Dari Limited, which had previously been known as CS. Along with five other parties challenged the property auction by filing an appeal with the Supreme Court.
The Foreign Judgements (Reciprocal Enforcement) Act, which enables the recognition of verdicts reached in other countries, was elevated by the Court of Appeal judgment above Kenyan laws and the Constitution.
This caused the Apex Court to agree to hear Tuju’s petition, which led to the recognition of the Foreign Judgements (Reciprocal Enforcement) Act as the supreme law in Kenya.
The proceedings of the Milimani Court, which is the commercial division of the court, have also been temporarily halted by the Apex Court.
These proceedings include insolvency proceedings.
The properties that are up for auction are an upscale outdoor garden restaurant known as Dari and a 20-acre parcel that has a value of more than Sh1.3 billion.
The hotel’s location on Ngong Road places it near the native Karen forest.
Supreme Court Halts Tuju’s Karen Property Auction Over Ksh.2.2B Debt
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