Court stops eviction of Italian woman from villa
Coast
By
Nehemiah Okwembah
| Jul 09, 2025
An Italian national residing in Watamu, Kilifi County, has obtained court orders stopping her eviction from a multi-million villa in the area.
Maria Grazia Moscone filed an application at the Malindi Magistrates Court to bar Rafiki Limited, Massimo Naviti, and Daniele Lo Coco from evicting her until the matter is heard and determined.
Through her lawyer Dennis Kimakia, Grazia obtained the orders from Deputy Registrar Nancy Makau of the Malindi Law Courts on Monday, July 7, with the matter fixed for hearing on July 28, 2025.
“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,” stated Makau.
Kimakia told court that his client had been threatened with eviction despite buying the property in question, villa number 4A on Kilifi/Jimba/1544, known as Rafiki Village.
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“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 Sections 39 and 41 of the Land Act,” said Kimakia.
“The said threat of eviction is equally contemptuous of the order of arbitration issued by the Environment and Land Court in Malindi in Case Number LCA/E025/2023 on 4th June 2024,” he added.
The lawyer said that 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.
“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 be unjust enrichment,” said Kimakia in the affidavit supporting the application.
He further told the court that if evicted, his client will suffer losses, including emotional, financial, and proprietary irreparable losses that cannot be adequately compensated by an award of damages, and that she had personal and household items and pets in the said villa.