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Simmers Restaurant eviction order quashed

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Men rest after a night of work removing property from Simmers bar and restaurant after it was shut down. PHOTO | JEFF ANGOTE | NMG

A Nairobi court has set aside orders that led to the eviction through demolition of Simmers restaurant more than a week ago.

Simmers’ Suleiman Murunga on Monday told a Nairobi Magistrates court that the eviction orders were obtained without disclosure to him that there was a pending suit before the High Court.

Mr Murunga told principal magistrate Isaac Orenge that there had been previous attempts to evict him from the premises. And when they appeared in court last month, they failed to disclose that the matter had been set for hearing on April 24.

He said it was not true that he is guilty of non-payment of 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 said he was not served with the notice requiring him to appear before the court for the hearing of the case.