The proprietor of Simmers Restaurant, which was flattened on Friday, wants directors of two companies at the centre of the property ownership row charged with contempt of court.
In an application certified urgent, Mr Suleiman Murunga accused the directors of Nilestar Holdings and Green Valley and others of disobeying a court order.
He said the order was issued on July 14, 2014, allowing him to continue operating on the disputed parcel of land. The orders were said to have been extended by consent of the parties on December 15, 2016.
Mr Murunga said strangers descended on his property last week and destroyed his stock, furniture and equipment, rendering his employees jobless.
“The respondents’ actions are callous, fraudulent, illegal and contemptuous of the orders of the court and a gross abuse of the judicial process,” he said.
Mr Murunga said he was apprehensive that the directors might start building on the disputed parcel and defeat the course of justice. He wants the property reinstated to him.
The parcel, where the popular restaurant stood, is claimed by Mr Madatali Ebrahim, his son Jalaledin Ebrahim and Mr Jamilleh Ebrahim who are directors of Nilestar, and Ms Margaret Wairimu Magugu, director of Green Valley.
Mr Murunga has sued the directors together with Mr Kinyanjui Magugu, Mr Gisbon Muchiri Ndung’u and Mr Leo Masore Nyang’au.
Mr Murunga said court brokers took away his assets claiming rent arrears amounting to Sh7.6 million, legal fees of Sh756,000 and court brokers’ charges of Sh910,860.
But, according to him, the said attachment was made despite the knowledge of the existence of a court injunction.
“If the court does not intervene, the respondents will persist with their acts of impunity to the detriment of the applicant and also bring down the dignity, authority and power of the court,” said the former MP in a sworn statement. The judge directed Mr Murunga to serve the court papers to the respondents and appear before him for hearing on April 4.