Party goes on at Florida club

By Wahome Thuku

The popular Florida Night Club is not leaving Nairobi’s Koinange Street that soon.

Club proprietors Florida 2000 Ltd yesterday got an extension of temporary orders restraining the premises owner Kenya Tea Development Agency (KTDA) from evicting them.

And the land on which the circular tower stands has changed hands from the KTDA to their subsidiary Majani Insurance Brokers. Consequently, Florida 2000 was granted permission to enjoin the new owners in a suit they have filed against KTDA.

The tower that stands on a single pillar has been more associated with one of the oldest disco and nightclubs in Kenya. They have occupied it since 1977.

But KTDA issued them with a notice to vacate the premises on August 4, last year. They intend to demolish the building and set up a block of offices.

Lease agreement

The club owners sued KTDA challenging the decision to bring down the building before expiry of their lease agreement in December 2013.

They filed the case on April 22, and High Court judge Musagha Mbogholi issued a temporary injunction restraining KTDA or their agents from interfering with the business.

The company director Aylwin Jones says the last agreement for the occupation was signed on September 10, 2007, pending the registration of a formal lease.

Through lawyer GK Meenye, he told the High Court their business would suffer irreparable losses that would never be compensated in damages. Since the new agreement was signed, the club owners have paid Sh7.6 million as rent.

The KTDA legal affairs head Christopher M’Maitsi said Majani Insurance Brokers had not asked or received rent from Florida 2000, hence there was no landlord-tenant relationship between the two.

He argued that the injunction sought by Florida 2000 could not be issued against KTDA since the company no longer has proprietary interest in the matter.

But lawyer Meenye accused KTDA and Majani Insurance Brokers of playing games with his client.

He told the court this month Florida 2000 paid rent to KTDA yet the change over was effected on March 11. "Majani have not issued any notice to my client to vacate," he contended.

The lawyer said the notice issued by KTDA to his client to vacate had effectively lapsed with the change of proprietorship.

The application to enjoin Majani Insurance Brokers in the suit will be filed in a week’s time.