High Court issues restraining order against Junction Limited

High Court issues restraining order against Junction Limited

The High Court has this afternoon issued a restraining order against Junction Limited.

The order issued by Commercial Division Judge Joseph Onguto under a certificate of urgency restrains Junction Limited, its Directors, servants, among others from closing or interfering with the smooth operations at Nakumatt Junction.

The order by Justice Onguto has directed Junction Limited to provide unlimited access to Nakumatt Holdings ahead of an inter partes hearing set for 16th October 2017.

Earlier in the day, Nakumatt Holdings through its Managing Director Atul Shah had moved to court seeking the restraining orders.

In his affidavit filed through Iseme Kamau and Maema Advocates, Shah reiterated that the Directors and Managers of the Junction Mall had illegally, deceitfully and using trickery, locked its Nakumatt Junction branch in breach of an existing lease arrangement.

The Junction Mall’s action to unilaterally close Nakumatt’s branch at the shopping complex had served to hurt the retailer’s employees, suppliers and customers at a time when there is a general slowdown of the economy, according to Shah.

A closure at this juncture, Shah said, will only serve to frustrate ongoing efforts to turn around Nakumatt’s business.

“The Junction Mall’s underhand actions on Saturday night, including locking the branch and publicizing a fraudulent and misleading notice claiming that the premises have been surrendered by Nakumatt, are clearly contrary to the terms of the Agreement, illegal and of utmost bad faith,” Shah pleaded to the court.

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