Malindi, Kenya - A Malindi High Court has restored a luxury Sh1 billion worth hotel to a Kenyan from a German after a legal battle that had lasted more than five years.
Salama Beach Hotel in Malindi town was given to the Kenyan in a landmark ruling by Justice Said Chitembwe in which the Kenyan, successfully, challenged the validity and admissibility of a foreign judgement from Italy that was allegedly used to take away the property from him.
Isaac Rodrot had been engaged in court battles with the German national Hans Juergen Langer together with his wife Zahra Langer over the property.
On Thursday, Justice Chitembwe ruled that German had fraudulently taken over the hotel using a fake foreign judgement.
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In the suit no 118 of 2009, Mr Rodrot had moved to court to challenge the hotel take over that saw him kicked out using a foreign judgment.
Through lawyer Joseph Munyithia and Masike and Koros advocates, Mr Rodrot challenged the take over arguing that the judgement Mr Langer had used to take over the hotel purported to have been made by a Milan court in Italy did not exist.
Mr Rodrot also argued that despite the said foreign judgement not existing, there was also no law or a prior agreement between Kenya and Italy that would see judgment issued in Italy to be valid in the country.
He also said he was not party to that said suit in Milan and also the purported judgment was delivered in Italy on December 14, 2001 and its enforcement in Kenya was outside the six years period of enforcement as required by the Kenyan Laws.
In his judgement, Justice Chitembwe reverted the ownership of the hotel to Mr Rodrot. He also directed that the Registrar of Companies remove the names of Mr Jurgen Langer and Zahra Langer as the directors of the Salama Beach Limited, and to also ensure the statues of the company in its registry was restored to the position as at December 14, 2009.
The judge further ordered that the two also hand over all the properties belonging to the Salama Beach Hotel to Mr Rodrot within seven days and the counsel for both parties to participate in the transfer.
Justice Chitembwe also ordered the names of the two be removed as signatories to all bank accounts of Salama Beach Hotel Ltd and be replaced by the original signatories as at December 2009.
The judge also directed the Officer Commanding Watamu police station to ensure the court orders were effected.
