Isaac Rodrot, the Kenyan investor of Salama Beach Resort in a Malindi High Court. (Photo-Victor Wanaswa)
A Malindi high court declined to issue temporary relief orders of stay to block a Kenyan and an Italian investor from taking over the controversial Sh1 billion Salama beach hotel (Temple Point resort) in Watamu.
Malindi high Court Judge Weldon Korir categorically said he would make final orders after hearing both parties.
He however said even the two investors Isaac Rodrot and Stefano Uccelli could not get into the hotel as the matter was still in court.
Hans Langer through his Lawyer Ndegwa Kiarie had sought clarification from the judge whether the orders of stay were allowed.
Justice Korir however directed the defendants to file preliminary objections to the application and set the case for hearing in March 1.
Both Langer and Rodrot were present in court.
Since there were two new applications that had been filed the Judge gave the respondents 14 days to file replying affidavits.
Justice Korir also said Parties were at leave to file and exchange issues within 15 days.
Two weeks ago the judge had also 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 circumstance I decline to grant any interim orders,’’ he said.
Langer in a notice of motion had sought orders from the court to grant interim injunction barring the defendants, their agents or any other person from selling, alienating or in any other way deal with the property of Langer (Temple point) pending hearing and determination of the suit.
The Plaintiff in this suit is Accreddo AG, while the defendants are Salama beach hotel limited, Hans Jurgen Langer Steffano Uccelli and Isaac Rodrot.
Rodrot filed an application seeking to be granted orders by the court for the arrest of a manager Mumba Ngundi, together with other junior staff and hired goons for obstructing court of appeal orders that upheld Justice Said Chitembwe’s judgment of 30 April 2015.
Rodrot said the Court of appeal ruling issued in December 17 allowed him and Uccelli to take over the property Salama beach hotel.
The Salama beach hotel dispute has been there since 2010 over the ownership wrangles between the investors.
The hotel is in operation under Langer and operating as Temple point beach resort.