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Simmering row over Simmers’ land

The proprietor of a city restaurant has obtained an order restraining two companies from evicting him from his business premises along Kenyatta Avenue.

Mr Suleiman Murunga, who operates Simmers Restaurant, was granted the orders against Nilestar Holdings ltd and Green Valley ltd pending interpartes hearing.

According to suit papers, the respondents allegedly purported to proclaim Mr Murunga’s goods on December 17 last year in levy of distress to recover alleged rent arrears amounting to Sh1.6 million.

Mr Murunga claims he was a tenant of Nilestar holdings ltd whose 99 years leasehold term expired and was not renewed or extended.

He claims that the landlord tenancy relationship between him and Nilestar holdings expired on or about December 31 2009 when the company’s (Nilestar holdings ltd) interest in the property ended.

The businessman claims he applied for and was allocated the property by the commissioner of lands, accepted the allotment, paid the requisite stand premium and other charges amounting to Sh2.3 million.

Mr Murunga further claims he complied with all conditions contained in the letter of allotment thereby entitling him to legal and beneficial ownership of the property pending processing and issuance of the title deed.

He claims that he stopped paying rent and Nilestar holdings ltd has not demanded for the payment.

In his supporting affidavit, Mr Murunga states that the premises has been subject of a dispute between Nilestar holdings ltd and Green Valley ltd over the ownership and that he has not been party to the wrangles.

“Since being issued with the letter of allotment and effecting payment of the stand premium, I stopped paying rent to the first respondent as the landlord tenancy relationship had ceased,” said Mr Murunga.

The businessman says he does not owe the defendants any money on account of rent as alleged as he is no longer a tenant in the suit premises.

He claims his business has been one of the biggest and leading outlets of an alcohol brewing company and has won various awards.

On Tuesday the court directed the case to be heard interpartes on January 29.