BY NT CORRESPONDENT.
The dispute of famous Central Business District joint Simmers Restaurant lands in court. This is after the owner Suleiman Murunga want directors of Nilestar Holdings Limited.
He has also suedGreen Valley Limited, Nation Land Commission and Attorney General over his eviction and demolition of city joint.
Kimilili MP Suleiman Murunga wants the directors of Nilestar Holdings Limited and Green Valley Limited be detained in prison for a period of not exceeding 6 months for reasons of disobeying court orders and in being in contempt of orders of this court made on 14 July 2014 as extended by the consent of parties on 15th December 2016.
“That the directors of the 1st defendant, namely Madatali Ebrahim, Jamilleh Ebrahim and Jalaledin Ebrahim together with the directors of the second defendant Margaret Wairimu Magugu and Kinyanjui Magugu and Gisbon Muchiri Ndungu and Leo Masore Nyangau to be committed to civil jail for a period not exceeding six months for reasons of disobeying and being in contempt of the orders of the court issued on July 14, 2014 and extended by the consent of the parties on December 15, 2016,”reads the court documents
Murunga who is a former Kimilili legislator says that move was an act of contempt and deliberate disobedience of the orders of the court and was, in any event, an affront to the power and authority and dignity of the court calculated to bring the court into disrepute.
He says that he has lost his entire investments, stocks, furniture and equipment’s and his employees have been rendered jobless
“The respondent’s actions aforesaid are callous, fraudulent, illegal and contemptuous of the orders of the court and is in gross abuse of the judicial process.
In the application filed at the Environment division, he wants the respondents not be allowed to benefit from their illegal action and possession of the suit premises and should forthwith be restored him.
“The applicant is apprehensive that the respondents are likely to commence development of the suit property and defeat the applicant’s interest and the course of justice,” argues Murunga.
He argues that while the case was still pending, with interim orders in place, they filed an application in the magistrate’s court on February 20, seeking his eviction of Murunga.
The petitioner claims that the respondents unlawfully gained possession of the property and in the interest of justice be forthwith returned to him. They mischievously obtained a court order despite an existing order
He argues that on 24 December 2013 court granted to the applicant and interim orders of injunction restraining the respondents from inta-alia levying distress upon the goods of the applicant or trespassing or evicting him from the suit pending hearing and determination of the applicant’s application for injunction dated 24th December 2013.
“The said order was served upon the respondents and was extended from time to time with the respondent’s knowledge and connivance whenever the application came up for hearing or mention,” reads court documents.
In an affidavit, Murunga says that the court brokers who promptly proclaimed applicants movable goods claiming alleged arrears of rent amounting to 7,560,000 shillings legal fees of 756,000 Shillings and court brokers charges of 910,860 shillings.
The court directed Murunga to file and serve the court papers to the respondents and appear for inter-party hearing on 4th of April this year.
“I have perused notice of motion dated March 5th. I notice that the applicant is seeking mandatory orders ex-party. The application seeks to cite the respondents for contempt. Let the application be served for interparty hearing on 4th-4 2018,”the court ruled.
Hearing to resumes.
