This archive report was first published on 12 November 2019.
Nakumatt Supermarket is seeking to overturn a High Court ruling that allowed its former landlord, Nova Holding Limited, to attach its assets to recover over Sh107 million in rental arrears.
On May 30, 2018, Lady Justice Ann Omollo directed Nakumatt to clear all outstanding rents as at the date of surrender of vacant possession or eviction.
Nakumatt's lawyer, D Ngonze, said they decided to appeal nine months out of time because they were negotiating with the landlord, but failed to reach an amicable solution.
“We are seeking revision of orders and a stay of execution of ruling dated May 30, 2018, and injunctive orders pending the appeal emanating from orders of Justice Chepkwony,” said Ngonze.
However, Nova Holding Limited's lawyer, Willis Oluga, opposed the application by Nakumatt to appeal, saying the appeal is out of time and that there is no law that grants a blanket bar to execution against a company under administration.
Oluga said that Nakumatt had paid Sh18,216,000 and was remaining with an arrear of Sh88,811,250, and that Nova Holding Limited is a company in a stable financial position capable of funding the decretal amount in the likely event the intended amount is allowed.
