The owner of Nairobi’s Lavington Mall has been granted permission by the High Court to evict a top club associated with prominent Rwandan businessman, Barry Ndengeyingoma, for rent arrears of Sh39 million.
Justice David Mugo has granted Lavington Shopping Complex Ltd permission to evict the investor’s two entertainment joints from the premises due to a Sh39, 058,386 debt.
BConcept Ltd owns the entertainment facilities known as Gossip Ultra Lounge and Dejavu Café Fusion Resto Lounge.
“An eviction order has been issued in favour of the Lavington Mall against BConcept Ltd in respect of the suit premises – the 5th floor of the Lavington Mall in Lavington, Nairobi,” the judge said.
He also granted the landlord interest on the amounts owed beginning in March 2021, when the suit was filed.
The mall owner told the court that the outstanding arrears included service charge and electricity as of March 2021 when requesting the eviction order.
During the hearing, the company stated that the arrears had totaled Sh57, 958,100 as of June 30.
However, Justice Mugo denied the Sh57 million claim because it failed to amend the court papers to replace the initial figure of Sh39 million with the new accumulated arrears.
“It is a settled principle of law that parties are bound by their pleadings. The court too is bound by the pleadings of the parties. The plaintiff by attempting to claim the higher figure without having made an amendment to its plaint is seeking to ‘travel beyond its pleadings’. That is not allowable,” stated Justice Mugo.
The investment firm stated that BConcept Ltd had become a “habitual defaulter” in payment of rent and other dues, and that Mr Ndengeyingoma and Samine Fnine, as lease guarantors, are liable for the company’s failure to pay the arrears.
