MP locked in legal battle over Simmers’ prime city centre plot
Simmers restaurant on Kenyatta Avenue in Nairobi. Photo/Ann Kamoni
What you need to know:
Kimilili MP Suleiman Murunga claims to own the premises he has rented for years from Nilestar Holdings Limited on grounds that he was awarded the property in 2011 by Commissioner of Lands after its lease expired four years ago.
High Court Tuesday extended orders issued in December 24 stopping NileStar from evicting Simmers or interfering with the property in any way pending inter parties hearing of the case.
An MP, who operates Simmers restaurant in Nairobi, is locked in a legal battle with his landlord over ownership of the business premises.
Kimilili MP Suleiman Murunga claims to own the premises he has rented for years from Nilestar Holdings Limited on grounds that he was awarded the property in 2011 by Commissioner of Lands after its lease expired four years ago.
He moved to court seeking a restraining order against Nilestar Holdings — which in mid-December threatened to evict Simmers from the prime property at the junction of Kenyatta Avenue and Mundi Mbingu Street over Sh1.62 million rent arrears.
This the latest lease dispute to hit prominent firms in the city centre including Trattoria Hotel and Tuskys Supermarket, which forced the retail chain to shut down a store on Moi Avenue.
“I verily believe that I am the legal and beneficial owner of the suit property after the first defendant’s (Nilestar) interest expired on or about December 31, 2009 and the tenancy relationship between the first defendant and I automatically terminated by operation of the law,” he says in court documents.
The High Court Tuesday extended orders issued in December 24 stopping NileStar from evicting Simmers or interfering with the property in any way pending inter parties hearing of the case.
Mr Murunga said he applied and received allotment letter on November 3, 2011 from the Commissioner of Lands after paying Sh2.4 million but Nilestar’s lease renewal bid in October 2009 was allegedly rejected.
The MP clinched the Kimilili Constituency seat in the last General Election.
The property row erupted on December 17 when Nilestar demanded Sh1.62 million rent arrears and threatened to evict Simmers. But Murunga says ownership of the plot by Nilestar lapsed when its 99-year lease ended in December 2009, adding that the firm has no right to demand rent for the three years.
The MP told the court that he has started processing a title deed for property to cement his ownership. In the court document, Mr Murunga claims that the property is a subject of a separate dispute between Green Valley Limited and NileStar Holdings but he did not give the details.
The rising demand for space in the CBD has sparked disputes between landlords and their tenants.
Tuskys closed its Daima branch – which is located next to the Fire Station on Tom Mboya Street in Nairobi after its management failed to agree lease terms with the building’s owner.
The outlet, which has remained closed for more than a week, has been relocated to a new store along the street that Tuskys recently acquired from rival Ukwala Supermarket.
The proprietor of Trattoria, Gaetano Ruffo, was also locked in a dispute with the new owners of Town House who wanted to evict Italian-owned restaurant.
