Our eviction from Junction Mall was in ‘bad faith’ – Nakumatt

Ailing retailer Nakumatt has termed their eviction from the Junction Mall as one executed in ‘bad faith’ by its owners.

In a formal statement to their customers and stakeholders, Nakumatt says, “The directors and managers of the Junction Mall illegally, deceitfully and using trickery, locked our premises in breach of our existing lease arrangements.”

“After posting a fraudulent and misleading public notice, the directors and managers prevented us from accessing our premises and exercising our legal and constitutional right to peaceable enjoyment of the premises and trading.”

The retail chain states that a further delay in opening the premise would lead to legal action.

“We have, in the above circumstances, demanded that Junction Mall immediately provide us with continued access to our premises to enable us to continue to trade and to desist from the predatory behaviour.”

“As this has not happened as at the time of issuing this statement, we are taking urgent action to protect our legal and constitutional rights.”

Owners of The Junction mall kicked out troubled retailer Nakumatt Supermarkets as the anchor tenant of the complex over rent arrears running into millions of shillings.

Read Nakumatt: … the ‘Elephant’ on its knees -Vusi Thembekwayo

“Take notice that Nakumatt Holdings has relinquished its rights over this premise pursuant to a surrender dated 15th September 2017.” Read a notice pinned at the entrance of the branch by the Knight Frank on Sunday.

“The premise will be closed to the public from October 1st October 2017 and no trading will be permitted to the premises. Nakumatt directors and authorised agents and employees will, however, be permitted to access the premise for the purposes of removing the tenant’s stock, items and property from the premises.” read the notice.

However, Nakumatt states that they have complied with the contents of the agreement, “We have paid Ksh 20 million to the Junction. We have taken verifiable steps to ensure that the premises are adequately restocked by 1 December 2017, including by providing approximately Ksh 64 million of stock to the branch.”

“We met with the directors and managers of the Junction Mall led by director Andrew Ndegwa and the MD of Knight Frank Ben Woodhams on 25 September 2017 to demonstrate to them the restocking plan that we had initiated and that was building up to achieve full stocking by 1 December 2017. The directors and managers wished us well in this endeavour,” the retailer says.

The retail chain reiterates that the action taken by the Junction Mall, “Hurt our employees, suppliers and customers at a time when there is a general slowdown of the economy.”

Nakumatt is in the process of finalising a merger deal with rival Tuskys.

Read: Retailers Nakumatt and Tuskys confirm merger talks