Tuju suffers blow in Sh3.5bn property dispute
Former Cabinet Secretary Raphael Tuju continues to endure adversity.
This occurred after the Supreme Court rejected his application to submit supplementary evidence in a property dispute worth Sh3.5 billion involving a regional bank.
Tuju had beseeched the apex court to permit him to present the evidence, asserting that his presence would be detrimental should the court proceed with hearing his appeal in its absence.
The supplementary evidence was presented in support of his appeal, in which he, among other things, contests the East African Development Bank’s (EADB) expropriation of property in Karen.
A bench of five judges presided over by Deputy Chief Justice Philomena Mwilu, denied his application because it “apparently emerged as a hasty afterthought intended to address lacunae in the case.”
In addition, the bench denied his request to have the bank’s response to his appeal tossed out.
Tuju asserted that Justina Kiragu’s affidavit provided erroneous background information and that she failed to address his appeal.
According to court documents, Kiragu is the principal investment officer for the EADB country office in Kenya.
In her reply, she requested that the court decline Tuju’s application.
Subsequently, the Supreme Court ruled that Tuju lacks the authority to prescribe how a party must submit its response.
ALSO READ:
- Governor Mwangaza’s charges not grounds for impeachment – CS Kuria
- Petition Sparks DCI Probe into Gerishon Kirima’s Mysterious Multi-Billion Njiru Land
“The petitioners are at liberty to attack the contents of the response during the hearing of the petition, within the petition itself and not through an application such as the one before us,” said the bench.
A few weeks before his dismissal, Tujus had an attempt to obstruct the appointment of two receiver managers by the bank, but that endeavor was denied by the same Supreme Court.
The bank initially initiated legal proceedings in a London court with the intention of compelling Dari Ltd. to repay a loan of Sh1.5 billion.
The intended purpose of the loan was to finance the development of a bungalow featuring a flat roof, which presently functions as an upscale dining establishment.
The regional bank was subsequently granted permission by the court to retrieve the funds from Tuju’s real estate company.
Tuju, dissatisfied with the ruling, initiated legal proceedings before the Milimani Commercial Court and the Court of Appeal, both of which he was unsuccessful in.
Subsequently, he Petitions the Supreme Court.
His inquiries pertain to the legitimacy and implementation of foreign judgments in Kenya, as well as the extent to which such recognition subordinates Kenyan law to English law.
Tuju suffers blow in Sh3.5bn property dispute
