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Italian claims court ‘duped’ in ruling

By - | December 11th 2012 at 00:00:00 GMT +0300

By Isaiah Lucheli

KENYA: Judgement that a court based its decision on to award a multi-million shilling hotel to a German does not exist, an Italian investor claims.

Stefano Ucelli in documents filed in court said the purported ruling by a Milan court that the High Court used to issue a decree depriving Kenyan Isaac Rodrot of the Sh500 million Salama Beach Hotel did not exist in Milan court records.

“I have made searches in court of Milan and no such judgement exists. Taglioretti Farese Cicerchiacapua, a large and famous firm of advocates specialising in international law would be pleased to bring further evidence to the court and demonstrate that the Kenyan court was either duped or its officers completely ignored provisions of the law relating to foreign judgement reciprocal acts,” he submitted.

Ucelli added that the company, which German’s Hans Langer and Zahra Langer used to acquire the hotel Viaggi Del Ventaglio Spa did not have any relationship with Ventaglio International SA Luxenburg, the company linked to Salama hotel. Viaggi, he said, has an office registered in Italy while Ventaglio international was registered in Switzerland.

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“I also got facts from Registrar of Companies in Kenya and found that no shares belonged directly to Ventaglio International SA Luxemburg as all were held by Isaac Rodrot,” he said.

Through lawyer Kabue Thumi, the Italian said there was no independent verification of the so-called judgement of the court of Milan as prescribed under the law before it could be enforced in Kenya.

Illegal decree

He added that foreign documents named judgement found their way to Kenya court without adherence to procedures prescribed by law. He noted that they came from his country, which has no reciprocal arrangement with Kenya. 

“For a foreigner to come to Kenya, file plaints illegally and obtain decrees, eject Kenyans from their assets using hired goons, continue to run business without paying taxes and then manage the police as well as court process is a matter that this honourable court has to address and call for further investigation from the relevant authority,” he submitted.

In a sworn affidavit, Ucelli said that he was harassed and intimidated by regular police and CID officers to enter a consent agreement when he served as a director of the hotel in favour of the Germans, which saw the court issue illegal decree.

Court Salama Beach Hotel Registrar of Companies Kenya
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