Two Chinese investors are in court over the ownership of Kindaruma Mall situated along Ngong Road, Nairobi.
Kindaruma Mall Limited director, Chen De claims that he injected a sum of Ksh.40 million and a further Ksh. 50 million as per the agreement and construction of the mall was completed as envisioned.
De argues that Good Choice Garage Limited director Shao Guixiang approached him to join him in the construction of a shopping mall in Nairobi since he had run into financial difficulties and needed assistance in the construction.
In court papers, De claims that Guixiang colluded to mislead the court in a bid to deny him the right to the property adding that at all times during the construction of the mall and issuance of license to the tenants, the plaintiff was well aware of the agreement between its directors and him.
“That Shao Guixiang had earlier constructed 30 % of the plan and required my intervention to complete the mall,” reads the papers.
The Kindaruma Mall director claims that on May 9 2022, a meeting was convened and it was then agreed that he invests Ksh.40 million to complete the mall and that it is in the meeting that the agreed that they would from joint venture company in the name of Kindaruma Mall Limited.
“The purpose of our joint investment in the construction and that the lease on the land would be transferred to the company that Kindaruma Mall was indeed registered and Shao Guixiang nominated his daughter Shao Zhujun to hold his shared on his behalf,” reads the affidavit
He says that tenants had been duly remitting rent to Kindaruma Mall Limited, however on January 30 2023, Good Choice Garage Limited went allegedly issued a 24 hour eviction notice.
In todays mention, lawyer representing Kindaruma Mall told the court that the tenants are intimidated by the orders issued by the court, adding that there are goons in the premises.
Kindaruma Mall Limited asked the court to set aside the orders issued by justice S.A Opande dated September 7, 2023.
However, Lawyer representing Good Choice Limited asked the court to extend the orders pending the hearing and determination of the case.
On its part Good Choice Garage Limited says that Kindaruma Mall limited have no authority to issue any licenses or lease to any third party claiming that they are neither registered proprietor nor license of the premises.
Guixiang claims that upon conclusion of the works Kindaruma Mall Limited without his authority, De issued license to various merchants to carry out trading on the premises and has been collecting rent.
He argues that he is lawful in leasing of the premises and De the registered proprietor of the mall.
