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The appeal is one of The Lawyer’s Top 10 appeals of 2024.
The Privinvest group of companies had sought to join President Nyusi as a Part 20 defendant in the so-called Tuna Bonds litigation currently before the Commercial Court. In September 2023, Mr Justice Robin Knowles CBE held that President Nyusi had not been validly served in October 2021 and that he is entitled to immunity as a sitting Head of State.
Privinvest appealed that decision with the permission of Laing LJ. The substantive appeal was heard by Flaux C, Underhill VP and Phillips LJ, with judgment reserved.
Rodney Dixon KC and Russell Hopkins are instructed by Simon Bushell and Gareth Keillor of Seladore Legal. They are working with Mohammed Nyaoga SC and Kennedy Ogetto, Mohammed Muigai LLP, Nairobi, who are instructed by President Nyusi.