Trattoria wins water tanks tussle with Nairobi tycoon

Italian-owned Trattoria has won battle over the space for a water tank with the tycoon who owns Town House building that houses the restaurant.

High Court Judge Jacqueline Kamau has directed Joaninnah Wanjiku Maina, the owner of the building, to refrain from interfering with the water tanks, smoke extractor and the gas cylinder located at the backyard of the building.

Ms Maina in September gave the hotel seven days to remove the tank, gas cylinder and smoke extractor, claiming it is blocking the fire exit. This prompted Trattoria, which early last year fought attempts by the landlord to evict it from property, to move to court.

“The High Court intervention stopping the threat was timely and saved a further loss by the restaurant,” said lawyer Philip Murgor who acted for Trattoria Restaurant.

“It is very damaging to foreign investment when rule of law is disregarded and, in particular, a court order but this saga had a happy ending following timely High Court intervention,” added Mr Murgor.

The vicious row between the owner of the restaurant Gaetano Ruffo and his landlord, which degenerated into a fight over space occupied by waters tanks, erupted in 2008 shortly after Mrs Maina acquired the building from Kenya National Assurance Company (KNAC).

Mrs Maina bought Town House, located at the junction of Kaunda and Wabera streets in Nairobi, in 2007 through her company M/s Gatma Holdings Limited for Sh210 million.

The property was one of the prime assets including Corner House, Bima House, Protection House and Salama House that KNAC had put on the auction block after its collapse in 1996.

The State-owned insurer collapsed due to mismanagement following political interference and sold off some assets to pay claims amounting to nearly Sh4 billion.

Mrs Maina was not keen to deal with Trattoria after the KNAC deal and issued Mr Ruffo a three-month notice terminating the 20-year lease agreement—which was inked in 2005. Trattoria moved to court, which referred the matter for arbitration.

Retired Justice Aaron Ringera was the arbitrator and last January ruled that Mrs Maina is bound by the 20-year lease, taking Trattoria’s tenancy to November 2025.

“A declaration that the notice of termination of lease is unlawful, not provided for and in flagrant breach of the registered lease dated November 11, 2005 be and is hereby granted,” ruled Ringera.

But the dispute re-emerged in September when the landlord asked the restaurant to remove the tank, smoke extractor and gas cylinder on the grounds that City Hall had ordered their removal.

Contempt charges

A group of people allegedly hired by the landlord removed the tanks and damaged the smoke extractor in November, paralysing Trattoria’s operations.

High Court on December 11 gave fresh orders allowing the hotel to re-install the tanks, which were later removed, prompting Trattoria to file contempt charges.

Justice Kamau delivered her ruling at the hotel where she had moved to inspect claims that the tanks and smoke extractor were blocking the fire exit as alleged by Mrs Maina.