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🚨LEGAL UPDATE🚨
The Court of Appeal rules that suits filed against companies in administration without consent or High Court leave are absolute nullities.
🔗Read Full Commentary: wamaeallen.com/can-you-sue-c…
#LegalUpdate #Insolvency #KenyaLaw
🔴WRONG MOVE WEDNESDAY🔴
Can you buy a tenant’s business and inherit the landlord’s consent?
Pioneer International Schools tried. The Court of Appeal held that investment cannot replace consent.
[THREAD]
#WrongMoveWednesday
[5/5]
THE RIGHT MOVE:
Investors: make written consent or a fresh lease a condition of completion and spending.
Landlords: document objections; avoid accepting rent.
Litigators: prove tenancy and owner-induced assurance; plead mesne profits strictly.
#WrongMoveWednesday
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Disclaimer: This publication is intended for general information only. For advice on the issues discussed, kindly write to [email protected].
#WrongMoveWednesday
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💡TAX TIP TUESDAY💡
Can KRA reject a tax refund after 90 days?
In Diamond Trust Bank, Kshs. 417M was approved by operation of law when KRA missed the deadline. The Tribunal later set aside KRA's rejection.
🔗 Read the full legal alert: wamaeallen.com/90-day-tax-re…
#TaxTipTuesday
🚨LEGAL UPDATE🚨
In ABSA Bank v Mwilo, the Court of Appeal upheld a signed late probation extension, setting aside KSh 1.74m in awards.
🔗Read Full Legal Update: wamaeallen.com/probationary-…
#LegalUpdate #EmploymentLaw #KenyaLaw
💡FUN FACT FRIDAY💡
Ever wondered if a smell can be trademarked?
In 1999, the EU registered the smell of freshly cut grass for tennis balls. Yes, grass-scented tennis balls! 🌱
[THREAD]
#FunFactFriday
[3/4]
The lesson for Kenyan brand owners?
Whether protecting a signature bottle, jingle or colourway, your trade mark application must clearly define what you want protected.
If competitors cannot identify the boundary, enforcement becomes difficult.
#FunFactFriday
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[4/4]
The grass may be freshly cut.
The register must be clearly drawn.
At Wamae & Allen LLP, we don't ask only whether a brand is memorable.
We ask whether it can be defined.
#FunFactFriday #WamaeAndAllen
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🚨LEGAL UPDATE🚨
The High Court rules that suppressing members’ properly submitted AGM motions can amount to oppression.
🔗Read Full Commentary: wamaeallen.com/shareholder-r…
#LegalUpdate #CorporateGovernance
🔴WRONG MOVE WEDNESDAY🔴
Are you certain your foreign judgment is enforceable?
In Dunaiski v Kenya Airways, a reinstatement and back-pay win in Angola worth a claimed KZ 108,052,680 failed at the enforcement stage in Nairobi.
[THREAD]
#WrongMoveWednesday
[4/5]
THE RIGHT MOVE:
Employees & Claimants Abroad: obtain a quantified decree.
Employers & In-house Counsel: appeal or comply abroad.
Litigators: distinguish recognition from enforcement and plead the exact foreign decree.
#WrongMoveWednesday
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[5/5]
A foreign judgment is only as enforceable as the relief it actually awards.
Close the gap between the foreign court's order and the amount claimed before seeking enforcement across borders.
This publication is intended for general information only.
#WrongMoveWednesday
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