Nakumatt loses eviction case appeal

Goods outside Nakumatt Supermarket, Nyali when the retailer was evicted over rent arrears in 2018. [File, Standard]

Nakumatt supermarkets Limited suffered another setback after the Court of Appeal in Malindi dismissed an appeal filed by Nakumatt. 

The appellants were challenging the lower courts judgment that upheld its eviction from a Mombasa shopping mall over Ksh. 27 million rent arrears that they owed to the leasor.

Justice Daniel Musinga, Kairu Gatemu and Agnes Murgor upheld the lower courts decision. The Environment and Lands Court judge Charles Yano had allowed Ideal location limited to evict Nakumatt from its premises at the Nyali City Mall as a result of breaching a sub-lease agreement.

“The result of the foregoing is that this appeal fails and is hereby dismissed with costs to the respondents,”said Justice Murgor.

In upholding the judgement made by Justice Yano the judge opined that the retailer had accrued rent arrears amounting to Ksh. 27.8 million as of November 1, 2017. In the appeal filed in July, Nakumatt ,through their lawyer D Ngonze, said that the ELC lacked jurisdiction to hear cases of such magnitude and that the case should have been heard by the high court.

However, the appellate court dismissed the appeal stating that Justice Yano had the jurisdiction to hear the dispute. 

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