Nakuru High Court has dismissed an application by an American Priest Dr Bill Fryda seeking to stop the implementation of a court judgement which had declared the Assumption Sisters of Nairobi (ASN) rightful owners of St Marys Hospitals in Nairobi and Gilgil.
Justice Sila Munyao declined to issue the prayers sought by the priest on grounds that the application lodged before him was incompetent saying it had a less chance of success.
In reading his judgement, the judge noted that the applicant in the matter had changed his advocate immediately after the judgement of the matter without filing and serving the respondents in the suit adding that the lawyer is a stranger to the matter.
“The application before me is incompetent and has no chance of success in this court, the lawyer for the applicant is a stranger in this matter since no formal change of advocate was filed in court notifying the same,” he said.
Dr Fryda, through his lawyer Esther Mwangi had sought orders to put the court’s directive on hold pending the hearing and determination of an appeal he had filed before the appellant court in Nairobi.
In his application Dr Fryda averred that he would suffer great loss if the judgement is effected saying that the nuns had tried to kick him out and take the property yet he was the one who had purchased.
However according to the judge, the applicant will not suffer any substantial loss since the properties were not in his name adding that as per his judgement the properties were to be under the management of the St Marys Mission Company.
Justice Munyao further said that the applicant being a trained medical practitioner he can make a living by practicing his work as a doctor in another hospital if the nuns decline to offer him a chance to work at St Marys.
“No substantial loss would be incurred by the applicant since the properties are not under his name. Further the court finds that the applicant can make a living by practicing his profession as a doctor in another hospital,” He ruled.
Fryda had been implicated in an ownership tussle of the multi-billion-shilling St Mary’s Mission hospitals with a group of catholic nuns which he lost.