BY NT CORRESPONDENT.
Nairobi City Government fights to enforce notice on White horse investment company.
The city government filed application this evening under certificate of urgency seeking to set aside orders barring the enforcement notice issued to the directors of Whitehorse Investment company limited.
The County Government through lawyer Harrison Kinyanjui, says the order issued on 6 March 2018 are illegal and unlawful as the applicant company had not exhausted internal dispute mechanisms.
Lawyer Kinyanjui argues that, the order made on 6th March 2018 by Justice B.M. Eboso was based on total misrepresentations and it ought to be set aside and discharged.
“Ex Parte Orders were issued on 6th March 2018 in favor of the Whitehorse Investment company limited by the Court bypassed the statutory process of ventilating any grievance with the Respondent Nairobi City County Government Enforcement Notice No. 6208 dated 14th December 2017 as provided for under the Physical Planning Act, Chapter 286 Laws of Kenya”. State court documents.
The court was not given proper particulars of the suit land in question in which it issued the conservatory order.
The enforcement notice send to the applicant by the County Government talked of LR Nairobi /Block 91/239 and not 293 in which the orders were by Justice Bernard Eboso.
Mr Kinyanjui points out that the court did not have jurisdiction to entertain the applicant by th applicant and no orders ought to have been issued.
The said orders has stopped the implementation of enforcement notice dated December 2017 in respect of suit property located in Gigiri area, Nairobi County.
He says that the order should be set aside and the all proceedings filed by the company be struck out.
High Court to issue further directions.
