An Italian national has obtained court orders from a Malindi Court to stop her eviction from a villa she reportedly bought in Watamu area of Kilifi county.
Maria Grazia Moscone filed an application at the Malindi Magistrates court seeking orders to bar Rafiki limited, Massimo Naviti and Daniele Lo Coco from evicting her until the matter was heard and determined.
Moscone through her lawyer Dennis Kimakia obtained the orders from Deputy Registrar of Malindi law courts Nancy Makau on Monday July 7, 2025 with the matter scheduled to be heard on 28th, July this year.
The Magistrate Certified the matter as urgent and ordered that status quo remained pending hearing of the application
“Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same,” ordered Makau.
In the application Kimakia had said his client had been threatened with evictions despite buying the property in question, which is villa number 4A on Kilifi/Jimba/1544 known as Rafiki village.
“The application herein is of utmost urgency as the applicant herein, who is a buyer
in possession has been threatened with eviction from villa no. 4A on Kilifi/Jimba/1544 known as Rafiki Village, in total disregard of Section 39 and 41 of the Land Act,” said Kimakia.
He said the said threat of eviction was equally contemptuous of the order of arbitration issued by the Environment and Land Court in Malindi in Case Number, ELCA/E025/2023 on June 4 2024.
Kimakia said the defendants had served him a letter dated July 4, 2025 informing him to tell his client that she will not be allowed to access the villa effective 9.00 am on July 7, 2025 which he argued that it was a violation of the rights of his client.
“The defendants/respondents have threatened to evict the plaintiff and deny her possession, occupation and quiet enjoyment of Villa no. 4A on Kilifi/Jimba/1544 known as Rafiki Village yet the applicant paid for the villa in full and has been paying the service charge, and whereas the contract is void, the respondents cannot evict her and at the same time hold her money, as that would at the very least unjust enrichment,” said Kimakia in the affidavit supporting the application.
He told the court that if evicted, his client will suffer multiple losses including emotional, financial and proprietary, irreparable loss that cannot be adequately compensated by an award of damages adding that she had personal, household items and pets in the said villa.
