The owner of Nairobi’s Trattoria Restaurant has suffered a setback after the Supreme Court declined to hear a long-running dispute with his landlady.
Deputy Chief Justice Philomena Mwilu, judges Smokin Wanjala , Njoki Ndung’u, Isaac Lenaola and William Ouko struck out the case saying they do not have the jurisdiction to hear it.
Gaetano Ruffo has been embroiled in a dispute with his landlady Ms Joanina Wanjiku Maina since 2013 over approvals granted to the eatery for installation of water tanks, smoke extractor, L.P.G gas cylinder and cold storage.
The landlady protested against his move to block exit passages and the fire assembly point by placing 1000 kg gas cylinders and water tanks.
The Court of Appeal had in July dismissed Ruffo’s case forcing him to try his luck at the Supreme court.
Ruffo claimed that he was cleared by the county government in an inspection in 2014. However, Maina said she later received notices from the same county government to clear all items blocking the exit points or face prosecution.
Ruffo who has been on the premises since 2005 accused his landlady of sending goons who damaged a smoke extractor fan, disconnected storage water tanks and attempted to destroy the gas cylinder and cold room.
On the other hand, the landlady accused Ruffo of using the police to harass her for trying to enforce safety regulations imposed by the Nairobi County Government.