Former Speaker to pay Sh6m in house dispute

Friday, May 10th 2013, By Isaiah LucheliThe High Court has ordered former East Africa Legislative Assembly Speaker Haithar Haji Abdi to vacate his former house in Nairobi.

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Justice J M Mutungi also directed Mr Abdi to pay Southdowns Developers Ltd Sh6.3 million for damages, for occupying the house since the sale in June 2004.

While giving the order, Justice Mutungi ruled the former Speaker was a trespasser in the premises after the property was sold through public auction nine years ago.

The company, owned by Paul Omondi, moved to court after several unsuccessful attempts to remove the former Speaker’s family from the premises.
Public auction
Omondi, through his lawyer Charles Njenga, said he bought the property for Sh3.4 million in November 1991 through a public auction and Mbago were declared the highest bidder and the property transferred to him in July 20, 2004.
The former Speaker challenged the validity of the auction but Justice Philip Waki dismissed the case in 2003.
The court then held the auction was properly conducted and the company was the bona fide purchaser.
Njenga told the court that Abdi and his agents had refused to vacate the premises.
He said his client has been denied the use of his property and rent, which could be derived from the premises. Veteran lawyer John Khaminwa represented the former Speaker. 
“I have considered and evaluated the evidence tendered by the plaintiff, the submissions and the authorities that I have been referred to by the parties and I am satisfied that indeed the plaintiff is the registered proprietor of the suit property,” ruled the Judge.
He said since the court found the company was the registered owner of the property, Abdi could only continue occupying it as a trespasser.
“I have no hesitation in holding the plaintiff is entitled to the order of eviction of the defendants to enable the plaintiff recover possession of the property decreed to them,” said the Judge.

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The judge also issued a permanent injunction barring Abdi and his agents from the premises.