Coming up for hearing: on 7th April 2022.
Application filed: 21st March 2022.
Articles: 27(1), 30(1) and 39 of the Treaty for the Establishment of the East African Community.
Rules: 52(1), & and 84(1) of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Temporary Injunction.
The Applicant prays for a temporary injunction prohibiting the Respondent from proceeding with liquidation of, and offering for sale Nshili Kivu Tea Plantation Limited or from taking any action to affect, diminish or otherwise dispose of the Applicant interest in the subject company, pending hearing and determination of the main Reference.
It is the Applicants case that, a Rwandan court made an order placing Nshili Kivu Tea Plantation Limited under liquidation and appointed a liquidator. The appointed liquidator convened a shareholder meeting in Kigali and there have been efforts and overtures to sell Nshili Kivu Tea Plantation Ltd to a prospective buyer/foreign investor.
Further submits that, the Respondent had previously shown eagerness and readiness to take and enforce actions that affect the Applicant’s business and propriety interests in Rwanda and there is a high likelihood and chance that the impugned court decision and liquidation will be swiftly carried out unless this Honourable Court makes appropriate conservatory measures of protection.
That, the Applicant instituted the Reference challenging actions of the Respondent as an infringement of the Treaty provisions. The Reference raises triable issues of the liquidation proceedings being conducted in non-compliance of the Respondents national laws and in manner affecting the Applicant’s interests as a shareholder contrary to the principles of good governance, the rule of law, accountability and transparency under the Treaty.
Further alleges that, the Applicant will suffer irreparable loss as a shareholder unless the liquidation is stayed. It is expedient and in the interest of justice that interim measure do issue as pleaded and orders sought shall not cause prejudice the Respondent. That, failure to conserve the subject matter shall surely lead to irreparable harm and loss to the Applicant.
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