Abdulhafeez Noorani

Languages

English

Abdulhafeez is a Managing Partner of our Mombasa Office. He is an advocate of the High Court of Kenya and a Certified Professional Mediator. He has over thirteen years’ experience advising clients in Corporate and Commercial transactions and Dispute Resolution.

Abdulhafeez is well respected by clients for his practical and concise approach to giving legal advice.

His main practice areas are Property Acquisition and Development, Mergers and Acquisitions, Banking Securities and Finance, Employment matters and general Commercial transactions. He also handles Civil Litigation and Arbitration in Land, Employment, Marine Cargo and P&I Claims.

Relevant experience

Acting on behalf of the minority shareholders and Sintel Security Print Services in an investment by a new shareholder of US$ 3,200,000 in the Company
Acting on behalf of the Vendors in the sale of the assets and business of Pressmaster Limited and International Paper and Board Supplies Limited for a consideration exceeding US$ 9,000,000
Acting on behalf of the shareholders of Kellico Limited in the disposal of their entire shareholding to Immobiliare Mondiale Limited for Kshs. 1,200,000,000,00.
Acting on behalf of Asante Capital (EPZ) Limited in a USD 6,000,000 equity investment by Moringa Fund, an agroforestry investment company. This involved review of Investment and Shareholder Agreements, advising on aspects of ownership of agricultural land by a company with non-Kenyan citizens and creating the structures to enable such ownership.
Acting as local counsel in the project set-up and finance of Thika Power Limited as an independent power producer in Kenya. This involved giving advice on local land, energy, environmental and securities laws, review of various contracts and securities and the giving of legal opinions.
Acting for Diamond Trust Bank Kenya Limited in setting up secured credit facilities of Kshs. 200,000,000.00 to Swahili Beach Resorts Limited
Acting for Diamond Trust Bank Kenya Limited in setting up secured credit facilities of US$ 4,000,000.00 to Coast Oil Supplies Limited
Acting for I&M Bank Limited in setting up secured credit facilities of US$ 3,300,000.00 to Petroleum Industrial Services Limited and Bags & Balers Manufacturers (K) Ltd.
Acting for various developers of residential and commercial centres including Rhino Properties Limited (Refinery Place, Changamwe – Office Block), Harrow Investments Limited (Eaton Place, Gigiri – Office Block), Stonehill Developments Limited (Imperial Court, Westlands – Office Block), Dynamic Company Limited (Airport Centre, Changamwe – Shopping Centre), Ocean Estates Limited (Simba Village, Diani – Apartments), Merrygold Residence Limited (Merrygold Apartments, Mombasa) and Kask Investments Limited (Karibu Gardens, Galu – Villas). Work involved advising on and setting up a leasehold scheme and negotiating, preparing and registering leases of various units.
Advising a major clearing and forwarding company over a period of three years on reduction of its labour force through a scheme of voluntary retirement followed by redundancies.
Acting for Asante Kenya Foundation in its acquisition of large tracts of agricultural land at the Kenyan coast and advising them generally on agro-forestry projects.
Successfully dismissing multiple fraudulent adverse possession claims over a prime beach property in Shanzu, Mombasa
Successfully acting on behalf of a building contractor in an arbitration for the final balance of the contract sum and variations where the Quantity Surveyor the Architect had refused to render the final account and certificate
Successfully representing TT Club, the world’s leading transport and logistics insurer, in striking out a suit and subsequent arbitration involving a claim for damages for the death of a foreign seaman at the Port of Mombasa. The principles involved had never been argued in the Kenyan jurisdiction.
Successfully representing TT Club, the world’s leading transport and logistics insurer, in striking out a claim in excess of USD 300,000.00 for damage to a ship’s crane at the Mombasa Port.
Representing TT Club, the world’s leading transport and logistics insurer, in an arbitration for a claim of USD 340,000.00 for damage to a ship’s crane at the Mombasa Port which was eventually settled.
Successfully defending a challenge against the constitutionality of Section 62 of the Kenya Ports Authority Act which provides for mandatory arbtiration for certain types of claims against the Authority.
Advising TT Club, the world’s leading transport and logistics insurer, in settling a claim for US$ 184,118.40 made by NYK Lines (China) Co. Ltd for loss of a cargo discharged at the Mombasa Port.
Acting for G4S Security Services Kenya Limited in dismissal of a claim for Kshs. 17.5 million made by KCB Bank Kenya Limited arising out of an armed robbery at the Bank’s Mombasa branch.
Acting on behalf of Motaku Shipping Agencies Limited in an income tax appeal and successfully getting an annulment of assessment of additional tax in a matter that had significant implications for all shipping agents operating in Kenya.
Acting for PriceWaterhouse Coopers Limited as the receiver in an Industrial Class Action for over Kshs. 35,000,000.00 claimed by 166 former employees of the company that had been placed under receivership in 2004. Successfully managed to get the suit against PWC Limited struck out on the grounds that there was no cause of action against a receiver who acted as an agent of a disclosed principal. This was a new point established in Kenyan jurisprudence.

Memberships & Roles

Member of the Mombasa Law Society
Member of the Law Society of Kenya
Member of the East Africa Law Society
Certified Professional Mediator (MTI-EA)

Education

2006 - Advocate of the High Court of Kenya
2004 - University of Leicester (LL.B)

Practice Areas

Banking & Finance Commercial Competition & EU Corporate/M&A Dispute Resolution Employment & Pensions Real Estate Foreign Direct Investment

sectors

Consumer Products Insurance

Insights

Global Reach