Nakumatt Holdings managing director Atul Shah is now challenging the process in which a decree was issued leading to eviction of the company from its City Mall premises in Mombasa.
Mr Shah has already been granted permission by Justice Eric Ogola to seek an order from the High Court to quash proceedings approving a Decree and decision by the Deputy Registrar of the High Court in Mombasa over due procedure.
Last week, the Environment and Land Court had issued an order directing the retail chain to vacate the premises following an application by Ideal Locations Ltd, the owners of the mall.
The court also directed the supermarket chain to pay Ideal Locations Ltd Sh27.8 million being outstanding rent, service charge and promotion fund as of November 1 last year.
Through lawyer Mutiso Ngonze, Nakumatt Holdings Ltd and Mr Shah said they were aggrieved by the decision and filed a Notice of Appeal.
In the application, Mr Mutiso argued that unknown to Mr Shah and Nakumatt Holdings Ltd, Ideal Locations Ltd proceeded to enforce the decree forcibly and its goods looted by rowdy youth.
“As it stands now, Nakumatt Supermarket goods that were in the premises prior to the said eviction have now been discarded outside the rear perimeter boundary of the premises while substantial portion have been damaged and looted,” the application reads in part.
According to Nakumatt, the Deputy Registrar has failed, refused or neglected to discharge its mandate within the confines of the law as enshrined in the Constitution.
“Unless the court grants orders sought, with the urgency they merit, Nakumatt Holdings Ltd and I will suffer substantial loss through wastage of their goods as well as disruption of their commercial enterprises,” said Mr Shah in his affidavit.
While seeking to evict the supermarket from the mall, Ideal Locations Limited had argued in court that despite its demand that Nakumatt makes due payments and vacates the premises for breach of terms and conditions of the lease agreement, the supermarket had declined.