Leave us out of your fire claims, building owner told
What you need to know:
- “You took a fire cover for your building. The building was then completely destroyed by the inferno; Why are you placing the blame on Nakumatt and KPLC and not the insurance?’’ Mr Ombati asked.
Insurance should have compensated owners of the building that housed Nakumatt Downtown in Nairobi, which was gutted down six years ago and not the supermarket chain nor KPLC, a court heard Wednesday.
Nakumatt holdings lawyer Omwanza Ombati while cross-examining director of Woolworth Chandrakant Patel, who is the owner of the building wondered why they never sued their insurers Concord Insurance despite the indemnity against damages.
“You took a fire cover for your building. The building was then completely destroyed by the inferno; Why are you placing the blame on Nakumatt and KPLC and not the insurance?’’ Mr Ombati asked.
Mr Patel, however, said the likely cause of the inferno was a generator owned by Nakumatt which was installed within the building and an electric fault the sole responsibility of KPLC. “They should thus be held culpable,” he said.
Sued Nakumatt, KPLC
The director was testifying Wednesday in a case in which he has sued Nakumatt Holdings and the power firm for damages occasioned to his building.
Mr Patel is seeking compensation for arrears despite the lease agreement having automatically lapsed when the building came down. Mr Patel accused the power company and the supermarket chain of negligence.
He said in the suit that the fire was caused and contributed by the negligence and breach of a contract “and a statutory duty by Nakumatt Holdings limited and KPLC to control and manage the inferno.”
The proceedings continue on Thursday.
