UK-based engineer takes aunt to court for 'grabbing' his land in Nairobi
By Paul Ogemba - Jun 24th 2022
A United Kingdom-based engineer has sued his aunt over allegations that she illegally took over possession of his land.
Raoul Emanuel Muchene claims that his aunt, Rachel Nduta Mwaura took advantage of his absence to grab his land within Uthiru Estate where she has built her residential house and commercial apartments.
Through lawyer Dunstan Omari, Muchene accused Nduta of being selfish by attempting to grab all the inheritance left by their father without considering the plight of other dependants.
“She has no right to be in the land because she sold all her inheritance... All her claims that her late father gave her the land are all lies,” said Omari.
Muchene in his affidavit swore that his late grandfather Caxton Mukiri Muchene had several pieces of land in Nairobi and Kiambu and that he equally divided his properties among his five children.
Muchene’s father, Godfrey John Muchene was given the land in Uthiru while his aunt (Nduta) got an adjacent piece.
Muchene said his aunt divorced and moved back to her parents home. “Since my father and I were working out of the country, we allowed her to live with her two children in our portion of the land temporarily while she was developing her part of the inheritance,” Muchene said.
He said that when his father returned to Kenya in 2016 to put up their family home, the aunt refused to vacate the portion claiming that she was the rightful owner.
Muchene said his father also passed on leaving him with the battle against his aunt. Omari said Nduta breached the trust that had been placed on her by the late brother and asked the court to declare that she (Nduta) has no proprietary rights over the land.
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