Court stops Choma Zone tenant eviction
The High Court on Monday stopped the eviction of a tenant who claims he developed a business site at a cost of Sh 4.5 million before his landlord kicked him out.
The court restrained Jukumu Enterprises Limited and Mr Geoffrey Ngugi Githua from letting out high-end car wash site at Choma Zone, Shell Petrol Station on Thika Road and at Donholm junction near Total Petrol Station, pending an interparties hearing on February 25.
The court ordered Muthaiga and Buruburu OCPDs to supervise the enforcement of the order and ensure peace prevails.
At the same time, the injunction renders the new business not operational until the dispute is heard and determined.
“A temporary injunction is hereby issued against the first and second respondent restraining them and their agents from letting out, damaging or in any other manner operating a car wash under the name Clensor Services at Chomazone on the suit premises,” the court said.
Clensor Services owner Mbindyo Mulwa said he developed the site from scratch before Mr Ngugi declined to renew his tenancy and instead leased out the premises to someone else.
Mr Mulwa has lodged a claim for the structure erected at the site and compensation for lost business after the fallout.
“Even after the purported takeover of Mr Mulwa’s car wash, the first defendant has purported without authority and consent to let out the car wash under Clensor services to the second defendants,” the suit reads.
Mr Mulwa said the second defendant carries out business at Thika Road and at Donholm junction under the name Clensor services which is also an infringement on his goodwill.