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BY KORIR JUMA,NAIROBI,30TH MAY 2018-High court has ordered Nakumatt supermarket to vacate its Likoni branch premises in Mombasa within the next two months.
The Environment and Land court judge Ann Omollo ,further said that should the supermarket fail to leave, Nova Holding Ltd, the owners of the premises, will be at liberty to evict the retailer using lawful means.
“The defendant (Nakumatt) to clear all outstanding rent as at the date of surrender of the vacant possession or eviction of the suit premises,” said Ms Omollo.
He also noted that Nakumatt Holdings Ltd did not file any defence either before the application by Nova Holding Ltd was filed or at the time of hearing.
Nova Holdings Ltd, the owners of the premises had filed the application seeking to have the retailer to be ordered out of the premises located on the island side of Likoni.
However, the supermarket objected to the suit through an affidavit of its administrator Peter Kahi, saying they had experienced a severe “credit squeeze” as a result of the Banking (Amendment) Act which capped interest rates.
Mr Kahi had termed the actions of the applicants to be in breach of provisions of Section 430 of the Insolvency Act, a court order and purpose of the administration.
Nakumatt had also argued that the environment and land court lacked jurisdiction to hear the case in the circumstances of both the insolvency petition and administration order concurrently.