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Nakumatt Supermarket wants the Court of Appeal in Mombasa to quash an order evicting it from a prime location in Mombasa.
The supermarket’s lawyer D Ngonze told justices Daniel Musinga, Agnes Murgor, and Gatembo Kairo that the Environment and Lands Court (ELC) Judge Justice Charles Yano who ordered their eviction from the Nyali City Mall last year had no jurisdiction over the matter. Ngonze said Justice Yano arrogated himself powers to hear the eviction application by their former landlord - Ideal Location Ltd. Justice Yano had found Nakumatt in breach of the sub-lease agreement dated June 14, 2009 with Ideal Location.
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