BY SAM ALFAN.
The proprietor of city’s Trattoria Restaurant has suffered a blow after the Supreme Court declined to hear a long-running dispute with his landlady.
The popular restaurant owner Gaetano Ruffo has been embroiled in a dispute with his landlady Joanina Wanjiku Maina over approvals granted to the eatery for installation of water tanks, smoke extractor, L.P.G gas cylinder and cold storage.
The Court of Appeal had in July dismissed Ruffo’s case forcing him to head to the apex court.
The Apex court comprising of Deputy Chief Justice Philomena Mwilu, Smokin Wanjala , Njoki Ndung’u, Isaac Lenaola and William Ouko struck out the case saying they do not have the jurisdiction to hear the case.
“Having found that this Court lacks jurisdiction to entertain the appeal under Article 163 (4) (a) of the Constitution, we find that the appeal lacks legal foundation. Consequently, we find that the Notice of Motion dated 9th September 2022 is not merited and is hereby dismissed for want of jurisdiction and the petition of appeal is also struck out for want of jurisdiction,” ruled the Apex court judges.
Maina and her tenant Ruffo have been embroiled in a court fight since 2013 after the landlady protested against the tenant’s move to block exit passages and fire assembly point by placing 1000kg gas cylinders and water tanks.
She accused Ruffo of using the police to harass her for trying to enforce safety regulations imposed by the Nairobi County Government.
Ruffo through on his part claimed that goons descended on the premises in 2013 and damaged a smoke extractor fan, disconnected storage water tanks and attempted to destroy the gas cylinder and cold room.
The restaurateur has been on the premises since 2005 and claims he was cleared by the county government in an inspection in 2014 but Maina said he later received notices from the same county government to clear all items blocking the exit points or face prosecution.
She later asked the court to compel Ruffo to furnish her with the approval plans of Trattoria to place a fire extractor, LPG gas cylinder and cold room at the emergency fire assembly and exit points.
Her lawyer Kethi Kilonzo said she also sought for copies of the plans submitted by Trattoria and the consent of the previous owner of the building.
The court upheld a decision directing Ruffo to documents as requested.
Ruffo said the appeal would be rendered nugatory if the orders sought are not granted as the building owner is keen on executing the judgment, a move that would cripple his business and its operations.
