- The complainant,Chen De claims he injected ksh 90 million into the project.
- He says Shao Guixiang misled the court to deny him right to property
Two Chinese nationals investors are in a heated court battle over the ownership of Kindaruma Mall situated along Ngong Road in Nairobi.
Kindaruma Mall limited Director, Chen De claims that he injected a sum of 40 million shillings and a further 50 million shillings 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 explaining that he had run into financial difficulties ad needed assistance in the construction.
Lied To Court
In court papers Chen De claims that Good Choice Garage Limited director Shao 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 Chen De claims that on 9th May 2022 a meeting was convened and it was then agreed that he invests 40 million shillings 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 have since January been duly remitting rent to Kindaruma Mall Limited, however on 30ty January this year Good Choice Garage Limited went the mall and allegedly issued a 24 hour eviction notice.
In today’s mention lawyer representing Kindaruma Mall told the court that the tenants are intimidated by the orders issued by the court adding that and 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 the 7th of September this year.
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 u[on conclusion of the works Kindaruma Mall Limited without his authority issued license to various merchants to carry out trading upon the premises and has been collecting rent.
He argues that he is the lawful leasee over the premises amid the registered proprietor of the mall