Atul Shah, founder and former CEO of Nakumatt Holdings, Thursday failed to attend court to show why he should not be committed to civil jail for failing to pay Sh74.4 million to the supermarket’s former landlord at City Mall, Mombasa.
The court heard that Mr Shah was sick and had been put on medication and a 10-day rest.
“I will allow the second defendant (Mr Shah) to recuperate, he has been given ten days,” said deputy registrar, Christine Ogweno of the Environment and Land Court.
Ms Ogweno directed Mr Shah to appear in court on February 19. The court also heard that the lead lawyer for Mr Shah was bereaved and was attending burial of a close relative.
Ideal Locations Ltd, the former landlord says it was concerned with the manner in which the case is being conducted.
Through lawyer Willis Oluga, the landlord said what was remaining in court did not require a lead counsel since there was a lawyer who has been representing Mr Shah and Nakumatt. “The only person required to appear in court is Mr Atul Shah. We can take a date after ten days. He (Shah) can appear before you,” said Mr Oluga.
Ms Ogweno had ruled that she failed to find any justifiable reason why execution of the decree of the court should not be issued against Mr Shah.
“The decree issued on March 6 2018 remains unrealised, the second defendant (Shah) has failed to show cause why execution should not be issued against him,” said Ms Ogweno.
According to suit papers, Mr Shah is expected to pay Sh74.4 million being the decree together with interest accrued up to the time of the retail chain was evicted from the premises.