Nakumatt appeals forceful Nyali City Mall eviction
NAIROBI, KENYA: Atul Shah has moved to the Court of Appeal to protest forceful eviction on Friday of Nakumatt at Nyali City Mall.
Shah is seeking a review of Justice Charles Yano decree issued in March 5 2018 allowing Ideal Location Limited, the owners of the mall, to evict Nakumatt Supermarket that has rented the premises 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 had accrued arrears amounting to a tune of Sh27, 812, 108 as at November 1 2017.
“An order is hereby issued directed at the first defendant (Nakumatt) to immediately vacate the premises situated on the building known as City Mall, and to jointly pay the plaintiff all outstanding rent, service charges, promotion funds and all payments accrued by the plaintiff in the process of vacating the premises,” read Justice Yano’s orders.
Shah through his lawyer D. Ngonze is seeking for a stay of Justice Yano’s orders pending the hearing and determination of his application.
He also sought for orders to restrain the landlord from any further eviction of the remaining goods and fixtures until the matter is heard and determined.
Shah has also proceeded to sue Deputy Registrar Mombasa High Court for approving Justice Yano’s decree without following the laid down procedures.