Nakumatt Holdings is seeking to be allowed to amend its appeal against an eviction order from premises it had rented at City Mall in Mombasa.
Through lawyer Mutiso Ngonze, the retail chain and managing director Atul Shah also want the Court of Appeal to allow it to file a further supplementary record of appeal.
Mr Ngonze told Judges Alnashir Visram, Wanjiru Karanja and Martha Koome that allowing the amendment would enable the appellant to incorporate orders, which had been issued at the High Court in Nairobi on an insolvency case.
He further told the court that they were prepared to abide by any conditions it might set in granting them the orders they are seeking.
“It is in the interest of justice that this application ought to be heard,” he said.
In March, the Environment and Land Court (ELC) had issued an order directing the supermarket retail chain to vacate the premises at City Mall following an application by Ideal Locations Ltd, the owners of the premises.
The court also directed the supermarket retail chain to pay Ideal Locations Ltd Sh27.8 million being outstanding rent, service charge and promotion fund as of November 1 last year.
Mr Peter Kahi, the supermarket’s administrator in liquidation, in his affidavit supporting the application said it is necessary to include the amended memorandum of appeal incorporating all orders issued in the insolvency case in Nairobi.
However, Ideal Locations Ltd, opposed the application by the supermarket chain and Mr Shah saying the proposed amendment seeks to address issues that were not raised at the ELC which had issued the eviction order.
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