Pimp My Ride East Africa told Justice Kossy Bor that they leased the property early this year and were assured there would be no interference from third parties.
But now that the court has ordered the reinstatement of the proprietor of Simmers Restaurant Suleiman Murunga to the plot, the company through lawyer Nelson Havi says it was in the interest of justice for the company to join the case.
The fight for control of a property where Simmers Restaurant stood has taken a new twist after a tenant moved to court seeking to join the case.
Pimp My Ride East Africa told Justice Kossy Bor that they leased the property early this year and were assured there would be no interference from third parties.
But now that the court has ordered the reinstatement of the proprietor of Simmers Restaurant Suleiman Murunga to the plot, the company through lawyer Nelson Havi says it was in the interest of justice for the company to join the case.
He said the company 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.
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 had shown bias in the manner in which she handled the case.
Ms Magugu said the judge had intimidated her advocates by insinuating that they will be held personally liable for their clients actions.
This was after the judge directed the lawyers to ensure that the directors of the company were brought to court to explain why they should not be held in contempt for disobeying her orders, which directed 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. The judge directed all parties to appear before her on April 23 for further directions.
Mr Murunga wants the directors of Nilestar Holdings and Green Valley committed to civil jail for disobeying a court order. He said strangers descended on the property and destroyed his entire investments, stocks, furniture and equipment and rendered his employees jobless.
The property is also claimed by Madatali Ebrahim, his son Jalaledin Ebrahim and Jamilleh Ebrahim who are directors of Nilestar.
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