Justice orders Naji Nahas to leave mansion in the Gardens

The Court of São Paulo determined last Wednesday (24) that investor Naji Robert Nahas, 74, vacate the mansion where he has lived for 39 years, in Jardins, a prime area of ​​São Paulo. According to the decision, the property of 4,800 square meters must be returned to Companhia Pebb de Participações, which, in lending, would have ceded the property to Najas, provided he paid the taxes.

In addition to the repossession of the property, the São Paulo Court ordered the issuance of a warrant to comply with it. Published this Friday (26) by the Court of Justice, the decision was anticipated by the newspaper “O Estado de S. Paulo”.

The company’s lawyers await, from the TJ, the dispatch of the letter so that the businessman is notified of the decision, which had not happened until the end of this Friday (26th) afternoon, being forced to hand over the mansion.

According to the plaintiffs, the founding partner of Companhia Pebb de Participações, Luiz Affonso Otero, “sensitized by the precarious financial situation” of Nahas acquired the property at a public auction for the sole purpose of allowing his friend to stay in the mansion.

In 2019, the current partners of Companhia Pebb de Participações claimed in court the repossession of the property, on the grounds that Nahas had not paid the IPTU. The debt with the Municipality of São Paulo would add up to R$ 5 million.

Companhia Pebb de Participações lost the lawsuit in the first instance, but appealed, obtaining a victory in the second instance. Nahas denies free verbal lending. Although it is still possible to appeal to the TJ itself or to higher courts, Nahas’ lawyers will have to obtain an injunction to prevent his eviction until the final court decision. Otherwise, you will have to leave the property.

The appeal’s rapporteur rejected Nahas’ request to take possession of the property for adverse possession. “Anyone who acquires ownership through a free loan, with the aim of preserving the property, only exercises direct ownership, as a borrower”, decided the rapporteur, being accompanied by two judges.

Naji Nahas’ defense alleges that there was never verbal lending because, in 1993, Pebb ceded credit to a company called Taha Comercial e Exportadora. Taha would have paid $5 million to Pebb.

Nahas’ lawyer, José Diogo Bastos Neto claims to have attached to the file all the evidence of this operation. This Friday, he filed a motion for clarification, questioning why these documents were not taken into account in the TJ’s decision. “This fight will continue. We have the court and the STJ. We have the resources to prevent this eviction, if you want to use that word.”

The target of the dispute, the mansion was the scene of a dinner that, in September, had scenes posted on social networks. During the dinner offered by Nahas, the guests — including former president Michel Temer (MDB) and former mayor Gilberto Kassab (PSD) — watch comedian André Marinho imitate president Jair Bolsonaro. Son of businessman Paulo Marinho, substitute for senator Flávio Bolsonaro (RJ), André laughs from the diners.