A court ruling has ruled that Brew Bistro’s parent company, Five Breweries Ltd., is the lawful owner of the rooftop space of Fortis Towers in Westlands— adding that the popular entertainment joint is also entitled to unrestricted access to the building’s service lifts.
- •The judgment, delivered on Thursday, concluded the nine-year long legal dispute that began when Five Breweries Ltd. challenged the actions of Fortis Towers Management Company, which restricted access to the service lift to specific hours without formal notice or stakeholder engagement.
- •In its filings, the entertainment company submitted documentation including a letter of offer dated June 2013, an agreement for sale from March 2014, and a sub-lease dated October 29, 2014.
- •The court found that these documents sufficiently proved the club’s legal ownership of the 11th floor, identified in the lease as the rooftop portion of Fortis Towers.
“In conclusion, this court makes the following orders in determination of the Plaint dated 23rd September, 2016, the plaintiff is herein entitled to the described leased spaces contained in the sublease dated 29th October 2014 together with all the easements, privileges, and rights contained therein as a lawful lessee of the development known as Fortis Towers,” Justice Emmanuel Washe ruled.
The court examined the sub-lease and determined that all unit owners within the building, including Brew Bistro, had the right to use service installations such as lifts. In reviewing the claim that the management company altered the permissible usage times for the service lift, the court found that no party had provided documentary evidence of either the original or modified lift usage schedules.
Without formal records or proof of consensus from other unit owners, the court held that any claimed alterations were not enforceable. It ruled that the club retains full access to the service lift at any time of day unless lawful regulations are adopted through due process.
The club had asked the court to strike down lift access rules purportedly introduced in September 2016, but the court declined to do so, citing lack of evidence that such regulations had ever been formally issued.
The Brew Bistro lounge began its journey in 2009 with a branch along Ngong Road, before setting up a second branch in Westlands.