A former bank employee suffered a major setback after the high court restrained her from interfering or evicting his alleged former boyfriend from disputed flats on prime land in Diani in Kwale county.
Nereah Micheal Said’s alleged former boyfriend Thomas Schiering, an investor from Germany, got a reprieve after the high court allowed him to stay on the 0.25 hectares in Msambweni constituency until the matter is heard and determined.
Justice Loice Chepkemoi Komingoi issued the order after Schiering’s counsel Elaine Mukoya Omulama obtained a court order restraining his former lover from sub dividing, selling and disposing of the disputed parcel of land.
She directed the matter to be heard before Justice Anne Omollo on July 3.
The court said in its six-page ruling that Schiering’s former lover failed to demonstrate that she purchased the property for valuable consideration.
The judge said in her ruling that she is of the opinion that the lady did not tell the court the truth as she had no proof of sale or purchase.
“Nereah‘s alleged former lover has demonstrated that he has a prima facie case with probability of success at the trial,” she pointed out.
The high court judge said in her ruling that Nereah’s lover upon her transfer subdivided the controversial parcel of land into three portions and sold one plot number 2460.
Justice Komingoi said in her ruling that instead she decided to remain with plot number 2458 and 2459 and went as far as threatening his one time lover.
She said the court wondered how she sold the plot number 2460 without remitting the purchase price to Schiering who is purported to preserve the two remaining two plots.
The court said after both submissions and after considering the pleadings, notice of motion and the affidavit in support the court has determined that there was an agreement by Nereah to hold land in favour of his former lover.
The court has found the former bank employee’s boyfriend’s application to have merit on temporary basis.
Schiering’s counsel through her application before the court on the property on both Gaku/Kinondo was supported with his affidavit.
