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.
Mr Suleiman Murunga appearing before Principal Magistrate Isaac Orenge said the orders for his eviction were obtained without disclosing to the court that there was a pending suit before the High Court.
Mr Murunga said there had been previous attempts to evict him without success. And when they appeared in court last month, they failed to disclose that the matter had been set for a hearing on April 24.
The former Kimilili MP further told the court that it was not true that he had failed to pay rent because there is a dispute pending in court.
“I have suffered massive losses, including cash, equipment, furniture and other assets and my employees rendered jobless,” he said in a sworn statement.
Mr Murunga further said that he was not served with the notice requiring him to appear before the court for the hearing of the case.
The court set aside the orders and directed the parties to appear before the High Court where the issue of compensation among other matters would be determined.
Mr Murunga has sued directors of Nilestar Holdings and Green Valley, for disobeying a court order.
The contempt case will be heard on April 4.