Emining Querry Limited v CMC Ravenna Kenya Limted [2023] KEHC 1220 (KLR)

Emining Querry Limited v CMC Ravenna Kenya Limted (Commercial Case E458 of 2019) [2023] KEHC 1220 (KLR) (Commercial and Tax) (1 February 2023) (Directions)

Neutral citation: [2023] KEHC 1220 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Commercial and Tax

Commercial Case E458 of 2019

DO Chepkwony, J

February 1, 2023

Between

Emining Querry Limited

Plaintiff

and

CMC Ravenna Kenya Limted

Defendant

Directions

1. The matter is for mention for parties to confirm the status of negotiations and directions. This matter is pending confirmation of settlement given that the foregoing negotiations between parties and the press conference by the defendant with the latest one having been released on June 28, 2020 intimating that the defendant was engaging a voluntary arrangement to settlement with the creditors.

2. In that state of affairs, there is clearly no settlement in the matter yet. However, owing to orders issued on September 28, 2020 in Misc civil application No E627 of 2019 staying all actions, operation of orders and decrees against the defendant, pending determination of the foreign proceedings in the Italian Court – Ravenna, this court cannot proceed with hearing of this matter.

3. As such, this matter is stood over generally to await settlement as between the parties or setting aside of the orders dated September 28, 2020, whichever may come first.

4. Parties to move court appropriately and accordingly.

It is so ordered.

DIRECTIONS DELIVERED VIRTUALLY, DATED AND SIGNED AT NAIROBI THIS 1ST DAY OF FEBRUARY, 2023. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Kangara holding brief for Mr. KIbet for the PlaintiffCourt Assistant - Sakina