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Developer appeals ruling on project

By Benard Sanga | October 12th 2020
Workers at Naurus Beach apartments construction site hold a demonstration at the site in Mombasa County on October 10, 2020, against a court order that stopped construction at the site. [Kelvin Karani, Standard]

A Mombasa developer has appealed a court decision stopping the construction of a Sh1.5 billion block of apartments in Nyali.

The construction of the project, fronted by Mbesa Investments Limited, was on June 24 stopped by Mombasa County following complaints by neighbours.

The developer moved to Mombasa High Court on July 3 where Justice Erick Ogola issued an order allowing the project to continue, pending hearing and determination of the case against the county government.

On July 10, Fahad Ahmed Bayusuf, one of the neighbours, filed a motion to be enjoined in the petition as an interested party, saying any decision to be made by the court would affect him.

During the ruling last Monday to allow Mr Bayusuf to be enjoined in the petition, Justice Ogola rescinded the order he issued on July 3 allowing the construction works to continue.

This turn of events has seen the developer move to the Court of Appeal to contest Justice Ogola’s latest order.

Judge erred

The developer’s lawyer, Salim Said, yesterday said the judge erred in issuing an order as no party had asked the court to stop the construction work pending the determination of the case.

On Friday and Saturday, over 300 construction workers and suppliers staged demonstrations in Nyali, accusing the court of rendering them jobless after it stopped the project.

The protesters chanted slogans against the Judiciary, accusing the courts of protecting the interests of one tycoon at the expense of a majority of workers.

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