Court stops Naivas siblings’ bid to sell brother’s store

Five Naivas Supermarket siblings have suffered a setback in their bid to sell a store owned by their eldest brother after a court ruled that the warrants of attachment they intended to use were over a year old and therefore void.

Newton Mukuha is fighting to keep his siblings from selling Greenmart Stores, which they have laid claim on over a Sh12.1 million debt it is claimed he owes for supplies delivered to the store six years ago.

His siblings, Simon Gashwe, David Kimani, Peter Kago, Grace Wamboi and Linet Wairim obtained warrants of attachment in March 2014, allowing them to auction the store which is located in Kayole, Nairobi.

The five Naivas heirs acted on the warrants of attachment issued in October 2015 after the High Court deputy registrar extended the shelf life of the warrants, prompting their eldest brother to go to court a month later seeking to stop the sale.

READ: Naivas siblings get court orders to sell big brother’s shop

Justice Ochieng has now revoked the extension, holding that the siblings should have filed a notice to show cause why they should be allowed to sell Mr Mukuha’s business.

“As no such notice was issued, the issuance of the warrants of attachment was irregular. Therefore, this court has no alternative but to set aside the warrants of attachment. The goods which had been attached are to be released forthwith to the owners,” Justice Ochieng ruled.

“Where an attachment was carried out in violation of the law, the same should immediately be terminated, and the goods released to the judgement-debtor whose goods had been attached.”

Mr Mukuha is in a separate suit is seeking to be awarded a 20 per cent stake in Naivas, arguing that he was illegally locked out of the empire his father left behind.

His siblings however argue that he squandered his inheritance by running down a store their father started in Rongai, Nakuru County.