One of the St Mary's hospitals that are now under ownership tussle. [Photo: standard]

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Father Charles Fryda suffered a blow on Tuesday after the court of appeal declined to issue fresh orders to stop the Assumption Sisters of Nairobi from taking over the St Mary's hospitals.

Fryda, through lawyer Paul Muite, wanted the sisters stopped from taking over the hospitals until his appeal is heard and determined.

The High Court in Nakuru had, on September 29, ruled St Mary's hospitals belong to the sisters and not Fr Fryda.

Fryda appealed the ruling saying he was the one who built the hospitals with funds from donors.

Appellate judges Fatuma Sichale, Sankale Ole Kantai and Daniel Musinga said they cannot issue orders as sought by Muite.

"The suit before the court is substantial and until it’s urged out by parties concerned, we cannot make fresh orders at this stage,” said Justice Kantai.