High Court Grants Protective Orders to David Kpakima in Zoodlabs, Metro Cable Dispute

The Fast Track Commercial Court of the High Court of Sierra Leone has granted a series of interim and preservative orders in a commercial dispute involving technology entrepreneur David Kpakima, a minority shareholder and Group Chief Operating Officer of Zoodlabs (SL) Limited, Metro Cable (SL) Limited, and Smart Telecoms Limited.

The ruling, delivered by Honourable Mrs. Justice Tonia Barnett J.A. on 9th January 2026, arises from a petition filed by Mr. Kpakima under the Companies Act 2009 (as amended), in which he alleges unfairly prejudicial and oppressive conduct by the majority shareholder and other respondents.

Mr. Kpakima is the petitioner in the matter, while Davar Fazaeli, the majority shareholder and Chairman of the Boards of Zoodlabs (SL) Limited, Metro Cable (SL) Limited, and Smart Telecoms Limited, is named as the first respondent. The companies — Zoodlabs (SL) Limited, Metro Cable (SL) Limited, Smart Telecoms Limited, and Rasab (SL) Limited — are listed as the second to fifth respondents.

In granting the orders, the court considered a Notice of Motion dated 8th December 2025, supported by affidavits and exhibits filed by both parties. Counsel O. Jalloh Esq. appeared for the petitioner, while Y. H. Williams Esq. represented the respondents.

After reviewing the submissions and affidavits, including references to Articles 64.11 and 64.12 of Metro Cable’s Articles of Association, the court held that without interim or preservative measures, the substantive reliefs sought by the petitioner could be rendered nugatory.

The court found it just and equitable to preserve the status quo pending the hearing and determination of the petition.

Among the orders granted, the court issued interim injunctions restraining the respondents, their agents, affiliates, officers, and associates from:

Dealing with, selling, transferring, mortgaging, dissipating, or otherwise interfering with the petitioner’s shares, assets, and rights in the second to fourth respondent companies, including bank accounts in Sierra Leone and abroad.
Taking any action that may prejudice or oppress the petitioner’s interests in Zoodlabs (SL) Limited, Metro Cable (SL) Limited, and Smart Telecoms Limited pending the outcome of the petition.
Carrying out any rebranding, including a proposed rebrand to Ultra One, or transferring company operations to new email addresses.
Undertaking a management overhaul or making new appointments without due process.

The court further declared the appointments of Ines Bolcina as Chief Operating Officer and Debasish Bhattacharya as IP Core Manager to be void and illegal, having been made in violation of court orders and due process.

In addition to the injunctions, the court ordered:

The immediate restoration of the petitioner’s supermarket accounts at St. Mary’s and Monoprix.
The immediate restoration of two telephone lines previously terminated by Orange Sierra Leone.
The provision of security guards to the petitioner without delay.
That the disputed sum of US$82,000, referenced in the affidavits, be proven.
That the interim orders remain in force for seven days, from 9th to 15th January 2026.

The court also directed the petitioner to file and serve an undertaking as to damages, in the event it is later determined that the interim orders ought not to have been granted.

The interim measures are intended to preserve assets, governance structures, and operational stability while the court proceeds to hear and determine the substantive petition. The matter is expected to return to court for further consideration within the stipulated timeframe.