BY SAM ALFAN.
Nakumatt Holdings is fighting to retain its supermarkets in Malindi and Kwale.
They moved to court under a certificate of urgency seeking to stop two Landlords from evicting them from their premises.
Nakumatt has urged the court to restrain Sabaki River Holdings located in Oasis mall in Malindi and South Coast Holdings Limited in Kwale from evicting them.
According to the once flourishing supermarket, Sabaki and South Coast are also creditors and a court order stopping all creditors from attaching distress or execution against Nakumatt assets was issued pending the hearing and determination of the suit.
On November 16 at around 4pm, Sabaki river and South Coast holdings illegally and maliciously re-entered the Premises in purported exercise of their rights of forfeiture.
Nakumatt says that the respondents went ahead to post a public notice purporting to inform the public the Premises had been closed and that the lease has been terminated.
“It is clear that if the application is not heard immediately and orders sought granted, the applicant stands to suffer irreparable loss and damages.
They want the court to issue an order of injunction restraining respondents, their directors, servants, agents or any other person acting on their instructions from closing or interfering with Nakumatt’s access, use, occupation and enjoyment of its business in the Premises pending hearing and determination of the liquidation proceedings.
In a rejoinder, Sabaki River and South Coast say that the order given by the court was not specifically directing to Landlords and therefore they have a right to go on with the lease document.
Last week the High Court stopped the Nakumatt Holdings proceedings after receiving an order from the Court of Appeal.
Justice Joseph Onguto granted the application after Garden City Retail Limited applied to be enjoined in the matter as one of the creditors.
The case will be mentioned on December 4 for further directions.