The Malindi High Court has declined to temporarily block a Kenyan and an Italian investor from taking over a Sh1 billion resort in Watamu.
But judge Weldon Korir added on Monday that he will issue final orders only after hearing both parties.
Korir directed the defendants to file preliminary objections to the application and set a hearing for March 1.
He ordered investors Isaac Rodrot and Stefano Uccelli not to get into
Temple Point Resort/
Salama Beach Resort
as the matter is still being handled in court.
Related:
Hans Langer, the German investor currently managing the Sh1 billion Temple Point Resort (Salama Beach Resort) in Watamu, at Malindi High Court on January 22, 2018. /Alphonce Gari
German Hans Langer, the resort's current manager,
and the two investors are claiming of the luxurious resort.
Langer had sought clarification on the court's instructions through his lawyer
Ndegwa Kiarie.
In a notice of motion, he had also sought an interim injunction barring the defendants, their agents or any other person from selling, disposing of, alienating or in any other way dealing with the property
pending the hearing and determination of the suit.
The dispute has gone unresolved since 2010.
Since two new applications had been filed, the judge gave the respondents 14 days to file replying affidavits.
Two weeks ago,
Korir declined to grant any orders without hearing the parties.
“In my view, this is not a matter for granting any orders without hearing the parties. In these circumstances, I decline to grant any interim orders."
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