Rédaction Africa Links 24 with Kenyans.co.ke
Published on 2024-02-25 21:17:01
The Court of Appeal recently made a ruling to dismiss an appeal filed by a Dubai-based company seeking to freeze money in the accounts belonging to former Chief Judiciary Registrar Anne Amadi. The three-judge bench comprising Justices Mumbi Ngugi, Mwaniki Gachoka, and Sankale Ole Kantai concluded that the company failed to provide sufficient evidence to support its appeal.
The company had sought to recover Ksh102 million lost in a gold deal that went awry. They wanted the court to issue orders preventing Amadi and her co-accused from accessing the funds. The company alleged that it suffered losses of over Ksh100 million when it attempted to purchase 1.5 kilograms of gold from Kenya in 2021.
Directors from the company were introduced to one of the accused individuals who purported to work for a logistics company involved in exporting gold from Kenya to Dubai. An agreement was entered into between the company and a logistics firm represented by Amadi’s law firm, Amadi and Associates Advocates. A sum of Ksh 85 million was allegedly sent to the law firm’s account. The company claimed that they were provided with false and forged documents by Amadi and two other accused parties.
Despite making payments totaling Ksh 85 million and an additional Ksh 21.4 million, the company did not receive any gold as agreed upon. This led them to request a full refund, which was not successful, eventually leading to the court case and subsequent orders to freeze Amadi’s accounts.
In her defence, Amadi stated that she was not a signatory to the bank accounts in question and therefore had no authority to make withdrawals or conduct transactions. She argued that the freezing of her accounts would have severe financial implications for her and her family.
The Court of Appeal also heard arguments from other parties involved in the case, with one respondent describing the appeal as frivolous and an abuse of the legal process. While Amadi’s accounts were initially frozen in May 2023, the High Court later lifted the freezing orders in June of the same year.
The court noted that there was insufficient evidence to prove that Amadi was actively involved in the operations of her law firm or had benefited from the disputed funds. This decision to dismiss the appeal and lift the freeze on Amadi’s accounts marked a significant development in the ongoing legal battle surrounding the failed gold deal.
Overall, the Court of Appeal’s ruling highlighted the importance of providing concrete evidence to support legal claims and emphasized the need for a fair and transparent judicial process.
Read the original article on Kenyans.co.ke
