Judge pulls out from Passaris house dispute

By Nancy Akinyi

A second judge has opted out of a house ownership dispute between businesswoman Esther Passaris and her landlord.

Justice Murugi Mugo disqualified herself yesterday two weeks after Justice Leonard Njagi withdrew.

The judges have cited same reasons for their withdrawal. They say an application by the landlord Kultar Singh borders on issues already decided in the case.

The contentious application filed last month was brought under certificate of urgency through Singh’s advocate, Maobe Maotsetung.

It seeks to strike out Passaris’ defence and counterclaim in the case on grounds it is not disclosing material facts regarding the dispute to court.

Court process

The judges also say the application is an abuse of the court process because the defence had been allowed and parties given hearing dates.

Justice Mugo ordered the matter be mentioned before the Presiding judge Muga Apondi next Wednesday.

Meanwhile, an order temporarily stopping Singh from interfering with Passaris’ tenancy has been extended.

Passaris, in the now contested defence, says she lawfully exercised the option to purchase the property and Singh cannot purport to evict her.

She accuses the landlord of refusing to transfer the property and wants him compelled to execute it.

Singh is disputing validity of a lease agreement his wife allegedly entered with Passaris that includes an option to buy the Sh35m house.