The Goan Asian Community in Mombasa has moved to the High Court seeking back control and management of a school currently under management of the Catholic Diocese of Mombasa.
The Trustees of the Goan Community Mombasa who own all properties and title in the Sacred Heart School have accused the church of mismanaging the school.
Ignatius Pereira, one of the trustees of the Goan Community said they wanted Sh16,052,000 as compensation for repairs from the church.
Mr Pereira told Justice Silas Munyao that the Catholic Church had breached the contract from an agreement signed on January 1, 1991.
“We are seeking damages for breach of contract and for vacant possession of the suit premises together with all improvements and assets therein so that the community can take over management of the same in order that it may adequately maintain and insure the properties,” Pereira said.
He said the Goan Community owns the piece of land on Archbishop Makarios Road on which the school stands plus the buildings on it.
While being examined by his lawyer Fred Adhoch, Pereira said the Goan community handed to the church, management of the school property, as well as management and sponsorship of the primary and secondary schools.
Breached terms
“The diocese church has in total disregard breached terms of the agreement and surrendered management of the school to the government,” Pereira said.
He added: “The point is based on ownership of the suit property and agreement between the community and the church.”
The church’s lawyer, Augustus Wafula said the church had no powers to fire teachers employed by the Teachers Service Commission.
“The Catholic diocese cannot fire teachers hired by TSC; likewise, it has no power to hire them,” Wafula said.
