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


Joined: 7/22/2008
Posts: 2,695
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.
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Bykhovets
#2 Posted : Saturday, May 31, 2014 12:09:57 AM
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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."
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Kusadikika
#3 Posted : Saturday, May 31, 2014 12:19:47 AM
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Joined: 7/22/2008
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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.
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freiks
#4 Posted : Saturday, May 31, 2014 9:50:48 AM
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Joined: 6/8/2010
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Simple, just rent the opposite side to a pork seller and a night club
Life is an endless adventure
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Teddy.M
#5 Posted : Saturday, May 31, 2014 10:02:19 AM
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Joined: 4/1/2014
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freiks wrote:
Simple, just rent the opposite side to a pork seller and a night club

Haha you killed it
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XSK
#6 Posted : Saturday, May 31, 2014 10:07:29 AM
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Joined: 12/8/2009
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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!
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jerry
#7 Posted : Saturday, May 31, 2014 10:28:57 AM
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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.
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matatuman
#8 Posted : Saturday, May 31, 2014 7:15:33 PM
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Joined: 12/5/2013
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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.
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Kusadikika
#9 Posted : Sunday, June 01, 2014 5:32:47 AM
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Joined: 7/22/2008
Posts: 2,695
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.
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Realtreaty
#10 Posted : Sunday, June 01, 2014 6:41:58 AM
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Joined: 8/16/2011
Posts: 2,260
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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sparkly
#11 Posted : Sunday, June 01, 2014 2:22:25 PM
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Joined: 9/23/2009
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This is BS from the Catholics. Al Yusra is renting the space to open a resturant, not a mosque.
Life is short. Live passionately.
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Gordon Gekko
#12 Posted : Sunday, June 01, 2014 8:00:46 PM
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Joined: 5/27/2008
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The law of agency is pretty simple and clear. The principal and agent are one. All that's needed is proof that Knight Frank were authorised agents for Waumini, which Knight will quickly and gladly provide. Unless the agency agreement stated which type of tenants were to be acquired, in which case discrimination issues will kick in. Waumini is in s**t.
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mkenyan
#13 Posted : Sunday, June 01, 2014 9:00:06 PM
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Joined: 4/1/2009
Posts: 1,882
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.

if the lease has an option to terminate by giving such notice then it becomes a protected tenancy. which is even harder to terminate. and tenants have lots of rights. you clearly have no clue what you're talking about.
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sparkly
#14 Posted : Monday, June 02, 2014 10:38:47 AM
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Joined: 9/23/2009
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Location: Enk are Nyirobi
Al Yusra needs to sue Waumini so as to make it clear in this country that:
1. A christian cannot discriminate against a muslim just because he is muslim;
2. A muslim will not deny tenancy to a christian just because he is a christian;
3. An hindu will not kick you out of his house just because you are not vegetarian;
4. A kyuk will not kick out a luo from his house just because.
Life is short. Live passionately.
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butterflyke
#15 Posted : Monday, June 02, 2014 7:32:05 PM
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Location: Hapa
sparkly wrote:
Al Yusra needs to sue Waumini so as to make it clear in this country that:
1. A christian cannot discriminate against a muslim just because he is muslim;
2. A muslim will not deny tenancy to a christian just because he is a christian;
3. An hindu will not kick you out of his house just because you are not vegetarian;
4. A kyuk will not kick out a luo from his house just because.


exactly
Float like a butterfly, sting like a bee. - Muhammad Ali🐝
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Rankaz13
#16 Posted : Tuesday, June 03, 2014 12:07:19 PM
Rank: Elder


Joined: 5/21/2013
Posts: 2,841
Location: Here
butterflyke wrote:
sparkly wrote:
Al Yusra needs to sue Waumini so as to make it clear in this country that:
1. A christian cannot discriminate against a muslim just because he is muslim;
2. A muslim will not deny tenancy to a christian just because he is a christian;
3. An hindu will not kick you out of his house just because you are not vegetarian;
4. A kyuk will not kick out a luo from his house just because.


exactly


I second that. Huu ujinga uishe once and for all.
Life is like playing a violin solo in public and learning the instrument as one goes on.
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Mastermind
#17 Posted : Tuesday, June 03, 2014 2:30:02 PM
Rank: Veteran


Joined: 1/25/2012
Posts: 1,624
Location: Langley
"For all his radical rhetoric, Makaburi,
who had no job and lived from the
proceeds of two flats in Mombasa’s
Tudor Estate, all his tenants were
Christians and he lived in the same
housing unit with them."

www.standardmedia.co.ke/...=2000108489&pageNo=2

Words defy me.
If you have built castles in the air, your work need not be lost; that is where they should be. Now put the foundations under them.
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Othelo
#18 Posted : Wednesday, June 04, 2014 9:53:49 AM
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Waumini has a recourse in religion if they can prove that Al Yusra is practising a different religion from thiers and therefore both have differing believes and will interfare with use of facility therein 'Waumini' house! You will thank me later!
Formal education will make you a living. Self-education will make you a fortune - Jim Rohn.
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Coolbull
#19 Posted : Wednesday, June 04, 2014 10:28:22 AM
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Joined: 10/23/2007
Posts: 602
Where does the Al Yusra lawyer live? I sell upmarket property.
What does he/she eat? I sell organic food.
What does he/she drive? I sell genuine cars and parts
What does he/she dress in? I sell the latest designer attire........big money is coming and I need to position myself to 'eat' it the right way - helping the lawyer spend.

Hiyo maneno ingine ni pilipili nisiyo ila.
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Coolbull
#20 Posted : Wednesday, June 04, 2014 10:29:39 AM
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Joined: 10/23/2007
Posts: 602
Othelo wrote:
Waumini has a recourse in religion if they can prove that Al Yusra is practising a different religion from thiers and therefore both have differing believes and will interfare with use of facility therein 'Waumini' house! You will thank me later!


Al Yusra is a restaurant not a mosque! The bishops have no case.
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