Chinese fight for control of real estate firm

What you need to know:

  • One of the directors Li Wenjie who is also linked to Catham Properties Limited which is at the centre of the Sh200 million land dispute in Kilimani area in Nairobi said in court documents that his name and that of another director Guo Dong were illegally removed from Multi-Win Trading (EA) Company Limited.
  • Guo Dong and Li Wenjie who are directors of Catham Properties Limited have taken issue with a notice published in the Nation, warning members of the public that they were neither directors nor shareholders of the company.
  • Mr Wenjie said in a supporting affidavit that he is the general manager of Catham Properties LTD in which Mr Guo Dong claims to own shares and whose actions and decisions the applicant is challenging in court

The fight over control of a multi-billion shillings real estate company owned by Chinese nationals has now spilled into court corridors after two directors claimed that their names were fraudulently removed from the list of shareholders.

One of the directors Li Wenjie who is also linked to Catham Properties Limited which is at the centre of the Sh200 million land dispute in Kilimani area in Nairobi said in court documents that his name and that of another director Guo Dong were illegally removed from Multi-Win Trading (EA) Company Limited.

Guo Dong and Li Wenjie who are directors of Catham Properties Limited have taken issue with a notice published in the Nation, warning members of the public that they were neither directors nor shareholders of the company.

They said in court documents that they sought for information from the Registrar of Companies about alleged changes and obtained certified copies of the documents.

From the copies they learnt that changes were effected without their knowledge, in their absence through forgery of signatures and falsification of documents, they said.

Guo Dong moved to court under a certificate of urgency seeking orders to direct the registrar of companies to rectify the company register of Multi-Win Trading Company.

They want the names of Christine Anyango Muga, Ongalo Tobias Muga and T/A Ongalo and Company Advocates as the Secretary and Advocates of the Company removed from the company register.

Mr Dong also wants Hai Chen removed as the alternate director of the company and any acts or activities executed so far by the respondents on behalf of the company be declared null and void.

“The alleged changes were riddled with illegalities, fraud, and malice and have now formed the basis of witch-hunt and smear campaign against the applicant.

“In the interest of justice, the application should be heard urgently as Ongalo Tobias Muga and Christine Anyango Muga continue to act in a prejudicial manner due the illegal changes,” they told the court.

Mr Wenjie said in a supporting affidavit that he is the general manager of Catham Properties LTD in which Mr Guo Dong claims to own shares and whose actions and decisions the applicant is challenging in court

The two said Miss Anyango Christine Muga, Advocate and Company Secretary of M/S Ongalo and Company Advocates acted without the resolution of the board of directors.

“They did not sign any documents lodged with the Registrar of Companies and that the affidavit presented to the Registrar was a forgery as I did not appear before Christine Anyango Muga as indicated.

Justice Francis Gikonyo of the Commercial Court certified the matter as urgent but ordered that the existing directors and officials of the company not to do anything that shall injure the company or dissipate the assets or shares until the application is heard.

The case will be mentioned on July 23.