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Court bars group, politician from trespassing businessman’s land

BUSINESS
By Fredrick Obura | February 25th 2021

NAIROBI, KENYA: Court has barred a Nairobi politician and self-help group from accessing land of a businessman Jayantilal Kachra Shah located in Nairobi’s Njiru area.

The Environment and Land Court sitting in Nairobi has declared that Jayantilal Kachra Shah is the owner of land known as LR No 42/2/1/1 consisting of 12.75 acres less 2.4 acres for road reserve.

Justice K Bor further ordered a permanent injunction against the defendants Elijah Mputhia Irura, who is the Member of County Assembly (MCA) for Njiru area, and Peter Mbugua Mutinda an official of a group described as Budalangi Valley Self Help Group, as well as their agents or servants from entering, alienating, constructing anything in or dealing with the suit property.

In a case filed in Milimani Court through lawyer John Ogada, the plaintiff Jayantilal Kachra Shah stated that Irura and a group (Budalangi Valley Self Help Group) had trespassed and were trying to subdivide his land into smaller plots and which they would sell to other people.

Shah's lawyer John Ogada told the court that his client had occupied the property for over 40 years, he was running a textile business on the property.

The lawyer added that Shah (over 80 years old) is a Kenya citizen and has the right to own and enjoy the use of his property without discrimination

The defendants on their part claimed that they had been living on the land and that it belonged to them by adverse possession. According to them, it was the plaintiff who had blocked a public road. The defendants later withdrew their claim and agreed that the land belonged to Mr Shah and the court then made an order declaring the land belonged to Mr Shah.

The court also issued a permanent injunction against the defendants, their agents or servants from entering, alienating, constructing anything in or dealing with the suit property.

The court ordered that 2.4 acres indicated in the plaintiff’s title as being a road reserve should strictly be used for that purpose and is not open for Budalangi Self Help Group to encroach onto that land and convert it to their own use.

The MCA and the co-defendants were ordered to pay the costs of the suit.

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