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Al Yusra Vs Waumini House
Kusadikika
#1 Posted : Friday, May 30, 2014 11:54:16 PM
Rank: Elder

Joined: 7/22/2008
Posts: 2,721
Al Yusra restaurant gets a perfect place to start a new restaurant in Westlands. In December 2013, they sign the lease with the agent for the space in Waumini House, Knight Frank for 6 years and make all the initial payments of Ksh. 2 million which includes 3 months rent. They spend another 18 million shillings renovating the place and were about to move in and open the restaurant this week, then the owner of the building says hapana, you cannot rent this place, we were meant to approve the lease you signed with the agent and since we did not do that the lease is null and void tokeni hapa, you have no right to access this space.

The owner of the building happens to be the Kenya Conference of Catholic Bishops. They try to offer compensation to Al Yusra but, Al Yusra could hear non of it, if they are to be compensated they want compensation for the 6 years that they would have done business at Waumini House. They claim the Waumini House owners are discriminating against them because they are Muslims and because they are Somalis.

Al Yusra is going to court.

Let us hear the arguments.
Bykhovets
#2 Posted : Saturday, May 31, 2014 12:09:57 AM
Rank: Member

Joined: 5/17/2014
Posts: 231
Waumini should let them rent out the space and occupy it.

After 3 months of occupation, they should give Al Yusra a 90 day notice to vacate since they want to renovate the building with full refunds of security and deposits.

Tenants have NO rights in rented spaces. Landlords can issue a vacate order as long as they give the tenant notice.
"Occasionally I drop a tea cup to shatter on the floor. On purpose. I am not satisfied when it does not gather itself up again. Someday perhaps that cup will come together."
Kusadikika
#3 Posted : Saturday, May 31, 2014 12:19:47 AM
Rank: Elder

Joined: 7/22/2008
Posts: 2,721
Bykhovets wrote:
Waumini should let them rent out the space and occupy it.

After 3 months of occupation, they should give Al Yusra a 90 day notice to vacate since they want to renovate the building with full refunds of security and deposits.

Tenants have NO rights in rented spaces. Landlords can issue a vacate order as long as they give the tenant notice.


The lease is for 6 years and I think Al Yusra have some rights especially given the fact they have renovated the space. I think business leases are protected for the period of the lease because the business is involved in renovations and also builds goodwill based on location, you can't just give them notice like residential house renters.
freiks
#4 Posted : Saturday, May 31, 2014 9:50:48 AM
Rank: Veteran

Joined: 6/8/2010
Posts: 1,734
Simple, just rent the opposite side to a pork seller and a night club
Life is an endless adventure
Teddy.M
#5 Posted : Saturday, May 31, 2014 10:02:19 AM
Rank: New-farer

Joined: 4/1/2014
Posts: 12
freiks wrote:
Simple, just rent the opposite side to a pork seller and a night club

Haha you killed it
XSK
#6 Posted : Saturday, May 31, 2014 10:07:29 AM
Rank: Veteran

Joined: 12/8/2009
Posts: 975
Location: Nairobi
freiks wrote:
Simple, just rent the opposite side to a pork seller and a night club


Ati pork seller? That will be fatwa pap!smile
You will know that you have arrived when money and time are not mutually exclusive "events" in you life!
jerry
#7 Posted : Saturday, May 31, 2014 10:28:57 AM
Rank: Elder

Joined: 9/29/2006
Posts: 2,570
XSK wrote:
freiks wrote:
Simple, just rent the opposite side to a pork seller and a night club


Ati pork seller? That will be fatwa pap!smile

Precisely the point!
The opposite of courage is not cowardice, it's conformity.
matatuman
#8 Posted : Saturday, May 31, 2014 7:15:33 PM
Rank: Member

Joined: 12/5/2013
Posts: 224
This is the bullshit that is messing this country. All contracts are valid and enforceable in law. Where was the landlord when they were leasing and renovating this place? I am with Al Yusra on this one. If anything Al Yusra are being polite by demanding compensation for the business they would have had in the 6 yrs. They should go ahead and sue for opportunity cost seeing as it is that they had stopped shopping for space after securing Waumini.
Kusadikika
#9 Posted : Sunday, June 01, 2014 5:32:47 AM
Rank: Elder

Joined: 7/22/2008
Posts: 2,721
I feel that the Catholic Church is walking into a legal and PR landmine. Violation of other peoples constitutional rights by ethnic and religious discrimination is something any institution should try to avoid.....

I hope they have a good lawyer who will advise them that this is the kind of case you do not want to take to court. Do everything to resolve the matter out of court because if this ends up in court no matter the outcome you come out the loser.
Realtreaty
#10 Posted : Sunday, June 01, 2014 6:41:58 AM
Rank: Elder

Joined: 8/16/2011
Posts: 2,389
Al Yusra should deal not with the owner but the Agent knight and Frank. Do the Agent have full rights to rent the property on behalf of the owners or is it that the Agent did this without informing the property owner? If the agreement states that the property owner sign and know the deal and who is to rent, then Al Yusra will go for the Agent to pay him and not the property owner.
We know in Kenya Agents rush to make illegal agreements to defraud owners just like the matatu industry. As per law Agent is the go between Owner and leaser with laws governing the 3 well in writing.
Knight nd Frank may be charging more that does not go to the owner and reason the Agent did not follow the law.
Owners have the final say on the intended use of their property.
I cannot rent a school building and put up a bar.
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