Eunice Machuhi
10 November 2009
Nairobi — The High Court has now declined to hear an application in which the former owner of tourist hotel bombed seven years ago wanted the current occupant evicted.
Mr Sulami Yehuda the former proprietor of Paradise Beach Resort moved to the High Court under a certificate of urgency where he wanted the occupant, Sandalwood Hotels and Resort Limited restrained from interfering with the premises situated in Kikambala.
He also wanted the court to issue a mandatory injunction compelling the occupant to vacate, saying the hotel was in the hands of strangers and therefore wanted issue of who is in control determined.
The dispute is between Mr Yehuda who has been sued by another company ADM Limited for a breach of contract, which he signed with ADM to rebuild and renovate the hotel following the attack on November 28, 2002.
Others used include Musumarini Limited, Paradise Mombasa, Holiday Owners, Free Holiday Limited, Mr Hannan Adini, Ms Catherine Mwihaki and Mr Yosef Guzi.
But in August this year judgment of Sh500 million was entered in favour of ADM, although the defendants have challenged it.
In his recent application before Justice Mohammed Ibrahim, Mr Sulami said that ADM Limited allegedly entered into arrangement with Sandalwood as their agents to run a joint venture on the premises before the judgment was delivered.
He said that after the verdict, ADM allegedly signed an agreement setting aside the Sh500 million judgment and withdrawing the suit. ADM however denied the agreement and accused the defendants of trying to sneak it in.
When the judge went through the application, however, he wondered whether the order sought could be granted and asked parties to address him on that point.
He also wanted parties to address him on whether the court has jurisdiction to hear the matter after judgment has been delivered, and if Sandalwood can be a party to the suit since the matter had already been finalised.
The judge directed that the matter be heard on November 18, 2009.
At the same time, High Court judge Jackton Ojwang' has issued orders against Mr Sulami, Mr Adini and Musumarini Limited restraining them from dealing with the hotel.
The judge said that the orders should be enforced by the OCS Kijipwa and allowed Sandalwood to apply for contempt orders against the respondents.
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