Court allows Nakumatt back to Nyali City Mall
MOMBASA, KENYA: Nakumatt Supermarket has received a reprieve after the Court of Appeal in Mombasa ordered they be reinstated back into the Nyali City Mall three months after their eviction.
On Friday the court of appeal Judges ordered that the supermarket be allowed back into the premises and resume occupancy within 30 days of paying a rental debt of over Sh10 million to Ideal Location, the landlord.
“The applicant (Nakumatt) shall pay to the respondent (Ideal Location Limited) the outstanding rent arrears within 30 days from the date of ruling. Upon compliance, the applicant to be reinstated into the suit premises and thereafter pay rent whenever it falls due,” read Lady Justice Wanjiru.
She however said that failure by Nakumatt to pay the outstanding rent arrears, Ideal Location Limited is at liberty to allow a new tenant to take up the occupation of the suit premises.
In March 14 2018, Nakumatt Holdings Limited Chief Executive Officer Atul Shah moved to the court of appeal seeking reinstatement into the Nyali City Mall after he was thrown out.
Shah through his lawyer Ngoze sought a review of orders issued by Justice Charles Yano on March 5 2018 allowing Ideal Location Limited to evict Nakumatt Supermaket their tenants since June 14 2009.
Justice Yano had found Nakumatt in breach of the sub-lease agreement dated June 14 2009 with Ideal Location Limited and accumulated arrears amounting to a tune of Sh27, 812, 108 as at November 1 2017.
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