Nuns seek dismissal of case over ownership of St Mary's

A group of Catholic nuns embroiled in a court battle over ownership of St Mary's Mission Hospitals now want a case in which an American missionary is attempting to eject them from the medical facilities dismissed.

The Assumption Sisters of Nairobi, who have been sued by Father William Charles Fryda of the Maryknoll Fathers and Brothers Society in the United States for allegedly attempting to dispossess him of the multibillion-shilling hospital in the city, urged the court to dismiss the suit for lack of sufficient evidence.

TRUSTEES
In their submissions before Justice Sila Munyao, the nuns, through their lawyers, said the priest had failed to prove before the court that he funded the projects using his own money in order to claim ownership.

“From the submissions that have been tabled before court, there is no sufficient evidence by Dr Fryda to show that the hospital was built using his own funds,” the nuns said. “We, therefore, ask the court to dismiss the suit.”

However, Dr Fryda objected to the request and termed the reasons cited for the sought dismissal as mere fabrications.

According to Dr Fryda, who was a doctor at the hospital, all the evidence presented before court have indicated that he was the founder of the facility and had only allowed the nuns to register as trustees.

EXEMPLARY MANAGEMENT
The priest maintained that he used his money to purchase the parcels of land on which the hospitals sits: two in Nairobi and one in Nakuru.

He further claimed to have funded the construction of the hospitals using his money and that from his donors.

“It is clear that Dr Fryda was to solely deal with the money he received from his donors and as directed by the donors,” a submission by Dr Fryda read.

“It was to Fryda or by Fryda generally as far as raising of funds or other gifts, including the land donated by Mr Ngera.”

In his submissions, Dr Fryda also claimed he had managed the hospital to its overwhelming success and urged the court to consider the interests of the donors and the society that enjoys the services of the medical facility when making its judgment.

CIVIL CASE
In a previous testimony, Sister Marie Gacambi of the Assumption Sisters said the church initiated the hospital project in 1993 with the intention of running a health care centre for the poor.

The court heard that the nuns, led by Mother Superior Maria Felix Mwikali, the then-financial administrator, generated funds from their savings, donors, well-wishers and other people of goodwill to develop the property.

Justice Munyao set the mention for June 12 to pick the judgment date.

In the civil case filed in 2012, Dr Fryda claims to be the founder and chief executive officer of the institutions and accused the nuns of trying to kick him out and take over the property.

However, the nuns have maintained that it was their idea to develop the hospital.