Court blocks landlord from evicting Nakumatt at Nyali City Mall premises

Nakumatt Nyali branch (PHOTO: FILE)

MOMBASA, KENYA: The High Court in Mombasa has stopped Nakumatt's former landlords, Ideal Location Limited, from leasing the mall to a new tenant until the rental dispute is heard and determined.

Nakumatt's Chief Executive Officer CEO Atul Shah through his lawyer D. Ngonze had sought for orders restraining the landlord from removing remaining goods and fixtures from the premises until the matter is heard and determined.

On Monday, Justice Charles Yano issued orders stopping Ideal Location Limited from renting out the mall. Nakumatt has been occupying the premise since June 14 2009.

"There will be no further dealings pending the ruling or appeal of this matter whichever comes first. The defendants 'Nakumatt' are hereby responsible for payment of profit equivalent to the rent payable for this period," said Justice Yano.

In March 5 2018, Ideal Location Limited obtained a court order from Justice Yano to evict Nakumatt from the premises over a rental debt of Sh27,812,108.

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 Sh28million as at November 1 2017.

Ideal Location Limited lawyer Willies Oluga said that a new client had already signed a contract to enter the premises.