BY SAM ALFAN.
The director of Brookshill Crescent Investments Ltd Imran Abdul Salaam, a complainant in criminal case where a managing director of chain of hotels has been charged alongside his father is considering withdrawing the case against them.
Imran is considering withdrawing the criminal case against Mohamed Shabbir Kassam Nooran and Mohamed Hasnain Shabbir and PrideInn hotel, in favour of a civil matter pending in court.
Father and son have denied charges of malicious damage to property and stealing by tenant.
Part of the deal entails having PrideInn hotel to withdraw the case they filed against Director of Public Prosecution Noordin Haji, Directorate of Criminal Investigations and Imran seeking compensation of Sh100 million over unlawful charges and violation of their rights.
In a consent seen by NairobiTimez and set to be presented in court, Kassam and his son Shabbir and PrideInn hotel agreed to withdraw the case they filed seeking to be compensation while Imran withdraws his complaint.
“The parties herein being the Mohamed Shabbir Kassam Nooran and his son Mohamed Hasnain Shabbir and PrideInn hotel(petitioners)
and the Imran Abdul Salaam (4th Respondent) have agreed to have this matter be marked as fully settled”, consent reads.
The withdrawal is based on the terms that tycoon and PrideInn withdraws the case without any orders issued at their costs.
The consent is signed by lawyers from all parties in the case.
The tycoon and his son had sued the DPP and DCI for violation of their rights and seeking compensation of Sh100 million for violation of their rights.
This was after they were charged with malicious damage and stealing hotel property including furniture and fittings.
Kassam and Hasnain are accused that on diverse dates May 1 and 1 July last year at Pride Inn Hotel Raphta road in Westlands within Nairobi County, he willfully and unlawfully destroyed the building where the hotel stands, which belongs to Imran Abdulsalaam.
The prosecution told the court on the same dates and last year, the duo stole CCTVs, door locks, seven room equipment and furniture and fitting valued Sh36, 668, 880.
They are out on a cash bail of Sh1 million each
In their petition filed in the high Court, they urged the court to issue permanent injunction restraining DCI and DPP from commencing any fresh investigations, harassing, arresting and prosecuting them with respect to the dispute between them and the landlord BrookShill Crescent Investment ltd, which is pending before the High Court.
Father and son also sought the high court to quash the charges brought against them of theft and malicious damage to property.
“An order of prohibition do issue restraining Directorate of Criminal Investigations and Director of Public Prosecution from further arresting and preferring any charged against 2rd petitioner as preferred against 1st petitioner in MCCR No. E923 of 2021 or any other charges on the same facts arising from the complaint BrookShill Crescent Investment ltd vs PrideInn Hotel & Investment ltd or its directors”, the urged
