By Vincent Bartoo
The Court of Appeal has sanctioned the construction of a multi-million shilling trauma hospital in Eldoret that has been the subject of a protracted court battle between two investors.
The court, sitting in Eldoret, dismissed a suit filed by one of the investors, a Mombasa-based businessman, David Langat, seeking to stop construction of the Sunrise Orthopaedic and Trauma Hospital.
Mr Langat had moved to court seeking to bar his purported partner, Dr Lectary Lelei, from going on with construction on claims that he had breached a partnership deal.
Langat had told the court that Lelei continued building without his input despite having contributed Sh15 million and building materials to the project.
He claimed Lelei did not change the hospitalâs land title deed to the facility. Instead, it remained under his name contrary to their agreement.
Injunction
Langat obtained an injunction barring Lelei from opening and accessing the hospital, or dealing with the land.
The businessman was granted the order by Justice J R Karanja, prompting Lelei to file an appeal.
His appeal was heard by appellate judges J G Nyamu, Onyango Otieno and Kalpana Rawal.
Lelei said Langat had misled the court into believing that he was the one who breached the contract when there was no deal in the first place.
He told the court contrary to claims that he had irregularly taken over the land on which the hospital stands, he said he bought the land from a Mr Karam Singh Bhamra for Sh16 million.
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