A caveat emptor has been placed on the more than 500-acre land in Solai that is being claimed by Endao Company Limited.
The public has been warned against buying part of the said parcel.
The land has been in dispute between beneficiaries of Njuguna Mwaura Mbogo (deceased) and members of Endao Company Limited, each side claiming ownership since 2001.
Lawyers Gordon Ogola and Kipkoech Ng’etich said although there existed a decree in favour of Mbogo, represented by lawyers Elizabeth Nyambura and Francis Kamau in the High Court in Nairobi, there was a pending appeal. Mr Kipkoech and Mr Ogola say the pending appeal might affect the public, which wants to acquire the property.
In the appeal, Endao Company Limited is challenging the decree of the court and the legality of the mode of acquisition of the land by Mbogo.
Endao Company Limited, through its directors, also wants the Court of Appeal to review and set aside permanent injunction orders issued on September 21, 2017.
In the judgment, the company and others had been barred from occupying, entering, cultivating, and trespassing or in any other way whatsoever dealing with LR No. 10581 Nakuru, now Solai/Ndungiri Block 9.
Endao and Jumaa Farmers Company Limited, together with six other individuals, have been battling over the 500 acres in Solai from the administrators of the estate of Mbogo.
Endao Company Limited has been trying to gain access and utilise the land despite permanent injunction orders barring its directors from accessing the land.
The company directors claim they discovered new documents in their possession after the judgment and wanted the court to consider them.
They included payment documents by Endao and claim the law firm that acted for them was ready to give testimony over the sale of the shares.
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