BY SAM ALFAN.
A bid by a Dubai-based gold trading company to overturn a decision absolving for Chief Registrar of Judiciary Anne Amadi of any blame in a case the firm lost millions in a gold scam has been dismissed by the Court of Appeal.
A bench of three judges of the appellate court dismissed the application by Bruton Gold Trading LLC, seeking to reinstate an order freezing Amadi’s bank accounts
While lifting the freeze last year, High Court judge Alfred Mabeya said Amadi had resigned from the law firm, which was allegedly used to receive the money from the gold-trading firm.
The firm, which is owned by a Dubai-based Briton Demetrios Bradshaw appealed against the move to strike out Amadi’s name from the case and unfreeze her bank accounts.
But the Briton failed to convince appellate judges Sankale ole Kantai, Mumbi Ngugi and Mwaniki Gachoka saying he failed to satisfy the court that he would suffered irreparable, if the bank accounts are not frozen.
“Accordingly, we find that the applicant (Bruton Gold Trading LLC) has failed to satisfy the second limb of the principles under rule 5(2)(b) of the rules of this court, we accordingly find that its application is without merit. It is accordingly dismissed,” ruled the Appellate court Judges.
The Appellate judges observed that the orders issued in favour of the company by Justice David Majanja in relation to the bank accounts held by Anne Atieno Amadi & Associates, Brian Amadi and Andrew Kiarie were discharged June last year and the gold company filed their application after two months.
“While the applicant is seeking orders to stay orders in relation to the funds its alleges were fraudulently obtained by Anne Atieno Amadi & Associates, Brian Amadi, Andrew Kiarie and Daniel Muriithi alias Edward Taylor, we observe the High Court dismissed the application and discharged in favor of the law firm,” observed Appellate court.
The court further stated that an order which was discharged is a negative order, incapable of being suspended.
The court further observed that the argument by the gold company that the funds in contention were withdrawn from the accounts immediately or soon after deposit, and so there is nothing for the court to preserve by issuing injunctive orders.
Bruton Gold Trading LLC accuses Amadi, her son Brian Ochieng’ and four others of defrauding it of $742,206 1,500kg of gold bars in 2021, has now taken the dispute before the Court of Appeal.
The company wants in the application the court to issue an injunction restraining Amadi, her son and his partner Kiarie or their agents from accessing, operating and or withdrawing funds from domiciled at ABC Bank, Green House Mall, Nairobi.
“The Court be pleased to Order that the personal bank accounts registered to the 1st 2nd 3rd and 5th Defendant/Respondents domicile at any bank within the Republic of Kenya, in the names the 1st 2nd 3rd and 5th defendant/ respondents, be frozen, and that no funds whatsoever, be withdrawn from the accounts without an express order of the Court pending the hearing and determination of the application,” pleaded the company.
The company wants the intended appeal be heard expeditiously and on priority basis.
According to the company, Brian and the law firm, together with Ndegwa and Edward Taylor alias Mboronda Seyenkulo illegally obtained from the company $627,406.48 towards the purchase of gold, which was to be delivered in Dubai.
The directors of the gold trading company were allegedly introduced by Edward Taylor, to Daniel Kangara Ndegwa (Alias Dan Muriithi) who at the time it was alleged was an officer of Universal Global Logistics Limited (“UGL”), which entity was in the gold export business and could export gold from Kenya to Dubai.
The agreement between the parties was that Ndegwa was to deliver gold to Dubai for sale (at the company’s cost) after which sale the company would be reimbursed its total costs for export and be paid a commission of 10% of the market value of the Gold at point and time of sale.
On the understanding that UGL could facilitate the export of gold, the Applicant entered into a transaction with UGL, who were represented by the 1st Respondent’s Law Firm of Amadi and Associates, Advocates, for the export of 1,500 kg of gold bars allegedly ultimately owned by the 6th Respondent and his family from Kenya to Dubai.
A total of US$ 592,970 was sent to Amadi’s firm via bank transfer by Aeras DWC LLC, company’s sister on behalf of the company into Amadi’s law firm account, number held by Amadi and Associates Advocates at ABC Bank.
