The Pride Inn Hotel has won a case against its former landlord.
On Friday, the High court ruled in its favor.
In the ruling, the Court ordered for the immediate release of goods and valuables seized from Pride Inn Hotels.
The Directorate of Criminal Investigations (DCI) was ordered to release furniture and other valuables seized from PrideInn Hotels and Investments Limited following its win in the dispute.
The former landlord Brookshill Crescent Investments through its directors AbdulSalam Noorani and Imran Noorani filed a false criminal complaint against the hotel chain.
The High Court’s Commercial and Tax Division ruling at Milimani came after the Hotel challenged the seizure of its furniture and other valuables by the DCI Gigiri late last year following a false report by the directors of Brookshill Crescent Limited in August 2020.
In his ruling, Justice Mabeya ruled that the respondent deliberately abused the court process and procedures by not disclosing all the material facts when it sought ex-parte orders to seize the applicant’s furniture.
“In the present case, the Court finds that there was grave material non-disclosure by the respondent that the ex-parte order of 7/12/2020 which was extended on 16/12/2020 cannot be allowed to stand,” said Justice Mabeya.
The directors, Imran Noorani and Abdulsaalam Noorani of Brookshill Crescent Investments Limited had previously falsely accused Pride Inn of stealing its furniture and maliciously damaging its premises.
They wrongfully reported to DCI Gigiri, who through an ex-parte application, obtained an order to seize the furniture and other items in a Kiambu court.
While also concurring with the DPP’s finding that Brookshill Crescent Investments were out to abuse police powers, the Judge ruled that the matter was purely a civil one and did not require the police or the DPP’s intervention.
The DPP in his report confirmed that the transaction did not have the ingredients to support the malicious charges of damage or theft to the property and termed this kind of process fraudulent, unreasonable and abuse of the due process.
“None than the DPP himself has determined that the respondent was out to abuse the Police powers. That is why he terminated the investigations and referred the parties to the civil courts,” he said.
The court doubted the motivation of the respondents to report at Gigiri police in the first place and questioned the jurisdiction of that police station and that of Kiambu Court saying that it is unclear why the courts in Nairobi were side-stepped.
“The foregoing notwithstanding, there are several issues that have troubled this court. This court wonders why the report of the alleged theft and/or malicious damage to property was made at Gigiri Police Station. It was not shown that the suit premises were under the jurisdiction of that police station. There are Police Stations in Westlands where the premises are located but the respondent chose to go to Gigiri. It is unclear why courts of Nairobi were side-stepped in favor of the Kiambu Court,” said Justice Mabeya in a ruling delivered on Thursday, March 18.
While hailing the Judge’s decision, Prideinn Hotels Managing Director, Mr Hasnain Noorani, said that the ruling came as a big relief noting that the judgement has honestly proved ownership of the property while noting that the complaint was bogus and fraudulent and the issue a clear case of malice aimed at damaging and tarnishing Prideinn’s reputation as well as exacting revenge for not extending the lease.
“I can confirm that the ruling made by the high court is indeed a clear justification of justice within the Judiciary. This ruling has sent a message that our judicial system and courts have the power to protect our rights and independently dispense justice,” said Hasnain Noorani, PrideInn Managing Director.
Like us on facebook
https://web.facebook.com/hotnewspublications
Follow us on Twitter
https://twitter.com/hotnewsk
Website:
https://hotnews.co.ke/