Almond Resort and Spa Limited, whose directors are Mohamed Mahat and his brother Ahmed, Thursday filed the suit at Nairobi Milimani Commercial Court accusing the Registrar of Companies of illegal deregistration.
The facility was registered last August but deregistered on December 4 after Almond Resort Limited raised a complaint.
The shareholders of the hotel are Mohamed and his two other siblings, Farhiya and Abdihaziz, with whom they are fighting for control of the firm in a separate suit pending in court.
The battle for the control of Garissa tycoon Mahat Kuno Roble’s flagship business by his children rages after two of them moved to court alleging that Almond Resort and Spa has been deregistered.
Almond Resort and Spa Limited, whose directors are Mohamed Mahat and his brother Ahmed, Thursday filed the suit at Nairobi Milimani Commercial Court accusing the Registrar of Companies of illegal deregistration.
The facility was registered last August but deregistered on December 4 after Almond Resort Limited raised a complaint.
The shareholders of the hotel are Mohamed and his two other siblings, Farhiya and Abdihaziz, with whom they are fighting for control of the firm in a separate suit pending in court.
“That the honourable court does issue an order of stay of the unlawful and irregular decision of the respondent deregistering the first applicant as a company through a Kenya Gazette Notice Number 12736 dated December 4, 2018, pending hearing and determination of the matter herein,” reads one of the orders sought.
Mr Mohamed in the affidavit says the registrar deregistered the company without giving him the right to be heard.
He says the new outfit is a legitimate legal entity engaging in hotel business, has opened a bank account and has more than 100 employees.
The registrar of companies on August 27, wrote to Almond Resort and Spa Limited informing it that Almond Resort Limited has raised an objection.
The registrar noted that the registration was allowed only after the directors of the new outfit informed it that it was affiliated to the hotel.
But the firm accuses registrar of bringing up the issues that are being litigated at High Court commercial division and accuses it of being compromised.
In another suit filed earlier, Abdihaziz and Farhiya have accused Mr Mohamed of forging their signatures and using them to borrow Sh130 million from Equity Bank.
They are aggrieved over the control of the landmark hotel, regarded as a flagship of the tycoon’s business empire, by Mohamed.
Farhiya and Abdiaziz want the High Court to restrain Mohamed from conducting business on behalf of their company, Almond Resort Limited, arguing that he is abusing his position as one of the directors.
Farhiya and Abdiaziz and Almond Resort Limited are not listed as a party to the latest suit.
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