, NAIROBI, Kenya, Sept 24 – The High Court will in a week’s time determine whether it should strike out a case in which former Kabete Member of Parliament Paul Muite is seeking to block Uniken Marketing from evicting him from a disputed house.
Judge Msagha Mbogholi will decide on October 1st whether to strike out a suit by the city lawyer who is challenging a decision by the firm to throw him out of his house in Karen.
“It will be inappropriate for this court to issue orders that have not been sought by the plaintiff in his statement of claim,” lawyer Nelson Havi for Uniken contended.
Mr Havi told the court on Thursday that the case filed by lawyer Milton Imanyara is incompetent as he has not set out in his statement of claim orders to injunct the respondent from evicting the plaintiff.
But Mr Imanyara urged the court to dismiss claims by the bank arguing that his client is entitled to file a claim and the matter should not be disposed off on a technicality.
He said the move by the Uniken is intended to create a window of “opportunity to continue harassing, intimidate and evict the plaintiff without giving him an opportunity to be heard on merit."
Mr Muite rushed to court early this month after more than 50 men stormed his house and tried to evict him. In 2001, Mr Muite owed the National Bank of Kenya Sh217 million and on December 5 2001 authorised it to sell the property to recover the loan. But both Mr Muite and Uniken claim they bought the house from the bank thereafter.
But Mr Muite is disputing the sale to Uniken, saying it was done fraudulently. He says the house was sold for Sh35 million when its value is Sh150 million.
He claims that he then bought the house for Sh35 million on October 22, 2008. The former legislator has obtained orders blocking Uniken from kicking him out of the house until the case is heard.