26th February 2024
“It has been demonstrated that the issues to be canvassed on appeal transcends the circumstances of the particular case, and has a significant bearing on the public interest; that the issues raise points of law, which we are persuaded are substantial, the determination of which will have a significant bearing on the public interest…” (as per the Court of Appeal (Warsame, M’Inoti & Mativo JJA) in Civil Application No. SUP. E001 of 2023)
We are proud to announce that #ourveryown team of George Oraro SC and Radhika Arora have successfully represented Standard Chartered Financial Services Limited (SCFS) in a case in which the Court of Appeal has granted SCFS leave to appeal to the Supreme Court.
In granting such leave, the Court of Appeal has acknowledged that it is not uncommon that financial institutions are called upon to make additional advances on the basis of securities already perfected in their favour, with the result that the decision of the Supreme Court on the validity of such securities will affect not only SCFS, but all banks and financial institutions in the country.
The Supreme Court will further be called upon to determine whether a litigant before the Court of Appeal is denied the right to a fair hearing and access to justice where the Record of Appeal is inconsistent, illegible, incomplete and/or portions of the same are missing. This is especially considering that the Court of Appeal is under an obligation to reappraise all the evidence on record and draw its own inferences.
Read a full copy of the Ruling here.
About Oraro & Company Advocates
Oraro & Company Advocates is a full-service market-leading African law firm established in 1977 with a strong focus on dispute resolution and corporate & commercial law. With a dedicated team of partners and associates, the firm has been consistently ranked by leading legal directories such as Chambers Global, IFLR1000 and Legal 500 as a top-tier firm in Kenya.
Oraro & Company Advocates prides itself in its deeply rooted client relationships by providing quality legal services through its partner-led approach, drawing from local knowledge and global perspectives.
The firm is a full Affiliate Member of AB & David Africa, a Pan-African business law network committed to ensuring that businesses and projects succeed in Africa, by helping clients minimize the risks associated with doing business in the continent. This enables the firm to offer cross-jurisdictional legal advice in a seamless manner, while maintaining the highest professional standards.
