A former governor yesterday failed to stop a court order to pay a city businessman Sh100 million for trespass.
William Kabogo, formerly of Kiambu, had filed a notice of appeal on November 2, 2017, seeking to temporarily suspend a ruling by Justice Elijah Obaga that he had forged documents to claim a Sh3.5 billion plot in Nairobi.
However, Justice Obaga declined to suspend his own decision, saying the case lacked merit and that Mr Kabogo would not suffer any loss in paying the damages as he fought the case in the Court of Appeal.
“As has been said now and again, the demonstration of substantial loss is the cornerstone of stay, and having found that the applicant will not suffer substantial loss, I find the applicant’s application lacks merit. The same is hereby dismissed with costs to the respondent,” the five-page ruling reads.
The judge ruled that Kabogo would not suffer any irreparable damage should he pay the money and succeed to overturn the ruling since Nayan Patel had the capacity to pay back the sum if he was ordered to do so by the superior court.
On October 31 last year, the Land and Environment Court judge ordered Kabogo to pay Mr Patel, the director of Aster Holdings, the legitimate owner of the 7.5 acres in question, Sh100 million for illegal possession and trespass, bringing to an end a 10-year tussle for the plot.
However, Kabogo had sought to have the judge suspends his own directive to await his impeding appeal.