UNIVERSAL SATSPACE (NORTH AMERICA) VS. MINISTRY OF INFORMATION& COMMUNICATIONS AND POSTAL CORPORATION OF KENYA – CLAIM NO. 2006 Folio 881 ISSUE DATE. 5.9.2006
Mr. Wacira Wambugu acted for the Government of Kenya in an Anglo-leasing contract value of KShs.1, 200,000,000/=. He defended the Government of Kenya in the suit brought against it before the Commercial High Court in London. Mr. 7 Wambugu drew a defense and a counter-claim of KShs.1, 800,000,000/=. The matter concluded in favour of the Government of Kenya after arbitration.
NAIROBI HCCC MISC. APP. NO 1769 OF 2005 UNIVERSAL SATSPACE (NORTH AMERICA) LLC VS. MINISTRY OF INFORMATION & COMMUNICATIONS AND POSTAL CORPORATION OF KENYA
The firm acted for the Ministry of Information and Communications. The Exparte Applicant was seeking judicial review orders against the Ministry of Information & Communications and Postal Corporation of Kenya Limited. The matter involved Anglo-leasing related contracts of the estimated value of Kshs. 1.2 Billion. Government of Kenya and Postal Corporation of Kenya Limited successfully terminated the illegal contract and obtained cheaper services from Safaricom Limited.
MISC CIVIL APPL. No. 353 – 361 OF 2010 - GITHUNGURI DAIRY FARMERS CO-OP SOCIETY & OTHERS VS. KENYA DAIRY BOARD & ANOTHER
The firm acted for the Kenya Dairy Board. The ex-parte Applicant was seeking an Order of Certiorari to quash the Regulations which had been gazetted for the regulation of Dairy Industry. The firm successfully defended the Kenya Dairy
Board on grant of interim Orders to stay collection of levies. The exparte Applicant has lodged Notice of Appeal. Matter settled out of court and the Respondent paid the statutory levies under the Kenya Dairy Board Act.
HCCC NO. 1622 OF 2001 SKYVIEW PROPERTIES LIMITED VS. THE ATTORNEY GENERAL & OTHERS
The firm acted for the Plaintiff in a claim for double allotment of land. The Plaintiff was seeking compensation for damages and loss. It was seeking damages.
The Government paid Kshs. 170.0 million in damages through the Ministry of Lands. The Plaintiff was awarded and paid the awarded damages.
HCCC NO. 1598 OF 1999 (O.S.) IN THE MATTER OF VESTING ORDERS
The firm incorporated a trustee on behalf of Kenya Post Office Savings Bank Employee’s Pension Trust Fund. We registered some of Vesting Orders issued in favour of the Applicant vesting various properties in the name of the Applicant. The Commissioner of Lands failed to register some of the Vesting Orders. We applied for an Order of Mandamus to compel both the Commissioner of Land and Registrar of Titles to register the Vesting Order. The court granted the order for mandamus.
The value of the subject matter is KShs.796.0 million from Assets of the Pension Fund. The various properties were eventually registered in the name of the Pension Fund.
MISC. APPLI. NO. 1109 OF 2005 REPUBLIC VS. KENYA REVENUE AUTHORITY, THE COMMISSIONER GENERAL & OTHERS
The firm acted for the Kenya Revenue Authority in a tax evasion related matter involving the sum of Kenya Shillings one hundred and two million (Kshs. 102,000,000) together with interest and penalties which continue to accrue. Intricate issues of Tax Law were raised and the matter went before Court of Appeal, Civil Appeal No. 103 of 2012 for determination but was settled out of court in favour of Kenya Revenue Authority.
HCCC NO. 337 OF 2011, MACHAKOS LA NYAVU GARDENS LIMITED VS SYOKIMAU BRIGHT HOMES LIMITED & OTHERS
The firm successfully acted for the Plaintiff. The matter involved encroachment of the suit land by squatters situated in Mavoko Municipality measuring approximately 231.4 hectares and valued at Kshs. 3.0 Billion. The suit land was also charged to a leading bank in Kenya. To secure the sum of Kshs. 200 million the firm acted for the Bank in securing the borrowing. The firm obtained an eviction order and a permanent injunction to restrain the trespassers from ever trespassing or evading the suit land. The Plaintiff was awarded general damages of Kshs. 4,664,941/60 and punitive damages of Kshs. 7 Million. Defendants were ordered to pay costs amounting to Kshs. 5,642,602/=.
DEVELOPMENT BANK OF KENYA LIMITED VS. RIVA OILS & ANOTHER (HCCC NO. 59 OF 2013)
We represented the bank in a loan recovery suit where we obtained on their behalf a decree against two of the four clients for the total loan amount of Kshs. 304,906,835.40/=
LA NYAVU GARDENS LIMITED VS. WILSON MUNGUTI & ANOTHER, HCCC NO. 337 OF 2011:
We acted for the Plaintiff whereby the company was seeking a declaration that they are the rightful owners of a parcel of land L.R No. 12610/4 Mavoko Municipality in Machakos District and damages for trespass inter alia. The court awarded their prayers and ordered the eviction of the defendants as well as general damages of Kshs. 4,664,941.60 and punitive damages of Kshs. 7,000,000/=
ELC CASE NO. 326 OF 2016 KWETU LIMITED V DOMINIC SESE (AS THE IMMEDIATE NEXT OF KIN TO THE ESTATE OF LAWRENCE MIGOSI)
The firm successfully acted for the Plaintiff. The Plaintiff was seeking for orders directing the Registrar of the Honourable Court to sign transfer documents on behalf of the Respondent who had failed and/ or neglected and/or refused to sign the same in favour of the Applicant. The subject matter of the suit was valued at Kshs.20, 000,000/= The Honourable Court granted the orders as prayed for.
