Court kick-starts Tatu City cases finally

A court has kick-started cases involving real estate firm Tatu City, offering hope that the seven cases which have been delaying a multi-billion real estate project may be concluded quickly.

Mr Justice Daniel Musinga, commercial division judge, directed the company’s lawyers yesterday to urgently file an application to lift a previous order that had suspended the proceedings.

Ochieng, Onyango, Kibet and Ohaga Advocates, the new lawyers for Tatu City, have to file the application within seven days, he directed.

“I caution parties and their respective advocates that the court shall not entertain any delaying tactics in these matters and appeal to them to co-operate with the court so as to finalise these matters as soon as possible,” he said, indicating the court’s resolve to have the cases concluded with speed.

Mr Stephen Mwagiru and Ms Rosemary Wanja, who are battling it out with Tatu City, will have to file their reply within seven days after they are served, the judge directed.

After determination of the application, the court will have to hear and determine two applications that are seeking to strike out winding-up petitions. The petitions seek to wind up Tatu City and Kofinaf, its sister company.

A previous judge in the cases, Justice Jonathan Havelock, issued orders last October stopping all Tatu City proceedings at the High Court pending determination of an appeal by minority shareholders.

The appeal, which is pending, seeks to bar Oraro and Company Advocates from acting for the company. However, the law firm has since been replaced.

Mr Mwagiru and Ms Wanja, minority shareholders, initiated the court battles when they filed the winding up petitions in 2010.