Court stops assembling firm from operating in a residential estate

The High Court has stopped a company from operating in a residential estate.

Justice Oscar Angote directed Tool House Company to halt its works in Nyali Estate until a case filed by former Mombasa Mayor Taib Ali Taib is heard and determined.

The company assembles plastic sliding windows and doors. Mr Taib accused the company of noise pollution and turning Nyali Estate into an industrial area.

Taib wants the company to be permanently stopped from assembling the materials in the area because the warehouse it operates from has no development plan from the Government.

“The stay order, which this court granted on March 16, is hereby extended until April 8 when I will give my ruling on the preliminary objections raised by the defendant,” said Justice Angote.

In his affidavit on behalf of Taib Investment Company, the former mayor accuses Fahmi Salim Said, the company’s director, Muwa Holdings, the owner of the house, and the National Environment Management Authority (Nema) of illegally assembling sliding windows and doors in the estate.

“The defendant started putting up the warehouse on July 27, 2015 illegally in the estate without obtaining the user change from residential house to commercial,” said Taib.

He said despite having obtained earlier orders, the company defied the same and continued with its work, something that was interfering with the quiet and peaceful enjoyment of his property.

Taib’s house neighbours the premise hosting the company.

But the company’s lawyer Moses Mwakisha in defending his client said the court had no jurisdiction to handle the case.

Taib has also sued the plot owner, the County Government of Mombasa and the director of the company.

Taib further told the court that the wall he built to separate his home from the company was collapsing because of the noise vibration from the company, causing him sleepless nights.

He said he had lost the peace he used to enjoy before the company started assembling the materials.

Taib accused the company of failing to furnish him with approval documents from the county government, which it claimed it had gotten before starting the construction of the warehouse. He accused company officials of giving bribes to influence the powers that be.