A High Court Judge has declined to hear an application in a house ownership dispute pitting businesswoman Esther Passaris against her landlord.Yesterday Justice Muga Apondi said he could not hear the application filed by Kultar Singh which sought to strike out Passaris’ affidavit. He said the application raises some serious issues which two other judges had already ruled on.
Justice Apondi said he held the same view of Justice Leonard Njagi and Lady Justice Mugo Murugi, who have since disqualified themselves from hearing the application by Singh.
He said the only option for Singh is to appeal against the previous ruling in the suit instead of “going round shopping for judges to hear the case”.
Passaris is seeking orders to restrain her landlord from selling, transferring and leasing the property in Kitisuru in Nairobi. Passaris, through her lawyer Mansur Issa, said she has invested substantially in renovating and improving the property after she was given the option to purchase it.
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