Nakumatt Nanyuki after eviction.[Photo/the-star.co.ke]
Shopping malls across the country have been warned against evicting Nakumatt supermarket over unpaid rent.
Nakumatt lawyers have warned that the current countrywide evictions are illegal as they go against a court order.
Taibjee and Bhalla Advocates argue that the order stopping the evictions is in force as part of an ongoing court case in which a new set of suppliers and landlords are seeking to have Nakumatt put under administration.
Primrose Management (the owners of Prestige Plaza), Sunmatt Limited and Jade Concepts (suppliers) and Compulynx Limited (IT supplier) filed the application on December 18, 2017 at the High Court, with the hearing set for January 11.
Nakumatt’s legal team now argues that this application put in place an interim order barring creditors or landlords from attaching the retailer’s assets or evicting them.
“Notice is brought to the attention of all landlords and creditors that an interim moratorium is in effect,” the retailer’s lawyers state in a newspaper advert, adding that the matter comes up for mention on January 11.
“Any landlord or creditor may exercise right to forfeiture by peaceable re-entry in relation to premises let by Nakumatt of only with the approval of the court.”