alexa Firm seeks to be enjoined in case on Simmers Restaurant plot - Daily Nation

Firm seeks to be enjoined in case on Simmers Restaurant plot

Wednesday April 11 2018

Simmers restaurant

A Milimani court in Nairobi has set aside orders that led to the eviction of the proprietor of Simmers restaurant from a disputed parcel, more than a week ago. FILE PHOTO | NATION MEDIA GROUP 

SAM KIPLAGAT
By SAM KIPLAGAT
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The fight for the control of a property where the popular Simmers Restaurant once stood in the city has taken a new twist after a tenant moved to court seeking to be enjoined in the case.

Pimp My Ride East Africa told Justice Kossy Bor that they leased the property early this year and were assured no third parties would be allowed to interfere with it.

And now that the court has ordered the reinstatement of the proprietor of Simmers Restaurant, Mr Suleiman Murunga, it was in the interest of justice for the company to be enjoined in the case, it said through its lawyer, Mr Nelson Havi.

Mr Havi says his client leased the property for an annual fee of Sh556,000 and has since moved to the Business Rent Tribunal and obtained orders stopping their removal from the disputed land.

OWNERSHIP

At the same time, Green Valley, one of the parties claiming ownership of the parcel, filed an application seeking the recusal of the judge. Through Margaret Wairimu Magugu, the company said Justice Bor has shown bias in the manner in which she has handled the case and intimidated her advocates by insinuating that they will held liable for any actions of their clients.

This, after the judge directed the lawyers to ensure that the directors of the company were brought to court and explain why they disobeyed her orders directing them to reinstate Mr Murunga to the disputed plot.

Mr Murunga obtained the orders on December 22, but to date, he has not been allowed back.

CONTEMPT

Mr Murunga wants the directors of Nilestar Holdings and Green Valley committed to civil jail for contempt of court.

He said strangers descended on the property and destroyed his entire investment, stocks, furniture and equipment and rendered his employees jobless.

The property is claimed by Madatali Ebrahim, his son Jalaledin Ebrahim and Jamilleh Ebrahim, who are directors of Nilestar, and Ms Magugu, director of Green Valley.

The judge directed all the parties to appear before her on April 23.

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