Suleiman Murunga wants kin of the former Cabinet minister jailed for disobeying orders.
He said strangers descended on the property last week and destroyed his entire investments and rendered his employees jobless.
Mr Murunga added he is apprehensive that the directors might start developing the disputed parcel of land and “defeat the course of justice”. He wants to be restored to the property forthwith.
The proprietor of Simmers Restaurant Suleiman Murunga has filed contempt proceedings against the directors of two firms at the centre of an ownership row where the popular club stood.
In an application certified urgent, Mr Murunga argued that the directors of Nilestar Holdings and Green Valley be cited for contempt for disobeying a July 14, 2014 court order.
He said strangers descended on the property last week and destroyed his entire investments and rendered his employees jobless.
Mr Murunga added he is apprehensive that the directors might start developing the disputed parcel of land and “defeat the course of justice”. He wants to be restored to the property forthwith.
The property is claimed by Madatali Ebrahim, his son Jalaledin Ebrahim and Jamilleh Ebrahim who are directors of Nilestar and Margaret Wairimu Magugu, director of Green Valley. Mr Murunga has sued the directors together with Mr Kinyanjui Magugu, Mr Gisbon Muchiri Ndung’u and Leo Masore Nyangau.
He wants them committed to civil jail for a period not exceeding six months. The 2014 court orders were allegedly extended by the consent of the parties on December 15, 2016.
Mr Murunga said that court brokers proclaimed his movable goods claiming Sh7,560,000 in rent arrears, Sh756,000 legal fees and Sh910,860 in court brokers charges.
The attachment was made despite an injunction issued by the court, said Mr Murunga.
The former Kimilili MP moved to the High Court seeking to set aside two judgments against him.
While the case was pending and with interim orders in place, the directors filed an application before a magistrate’s court on February 20, seeking to evict him, he said.
“If the court does not intervene, the respondents will persist with their acts of impunity to the detriment of the applicant,” he said in a sworn statement.
Justice Elijah Obaga directed him to file and serve the court papers to the respondents and appear before him for hearing on April 4.
The ownership row dates back to 1986 between Mr Madatali and former Cabinet minister Arthur Magugu.
The suit property is registered in the name of Nilestar and Mr Magugu says in 1986, he had agreed with the three Nilestar shareholders that they would sell and transfer their shares to him for the consideration of Sh25 million and he paid them Sh19 million in part performance of the agreement.
A disagreement arose thereafter and Mr Magugu filed suit in the High Court in 1989. In 1996, however, another agreement was entered into whereupon the three shareholders of Nilestar were to sell and transfer their shares to Green Valley and Margaret for the consideration of $1.4 million.
Mr Murunga later entered the fray claiming to have obtained lease to the property.
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