Trader seeks orders to occupy Sh45m public property

The 2-acre property at the luxurious Milimani estate that is at the centre of a dispute among four, including Nakuru senior lawyer. [Daniel Chege, Standard]

A Nakuru businessman is seeking orders to occupy part of the 2.15-acre government land estimated to be worth over Sh45 million in Milimani.

Majid Mohammed wants Justice Anthony Ombwayo to allow him to occupy the land, at the centre of a dispute between him, lawyer Wilfred Konosi, and two other private developers.

Court records show that Konosi is occupying part of the land where a government house has been built, and using the other part of the parcel for agriculture.

However, Majid submits that the land was subdivided into three portions and he purchased part of it from one Mwongela Munyoki.

"I was issued a certificate of lease on May 18, 2007. However, despite approval by the municipality, when I attempted to construct, Konosi stopped me," submits the businessman.

Majid deposes that Konosi does not lawfully own the property but only occupies it under the consent of a previous proprietor, Kennedy Bosire.

Majid adds that Konosi has no right to claim land ownership since he is not the registered owner.

Adverse possession

"Konosi entered the land as a licensee. He cannot claim the land under any circumstances including adverse possession, because his entry was by the consent of the registered proprietor," avers Majid.

Majid wants Konosi to be blocked from the land and it is allocated to him, Jane Wandia, and Saleh Hassan.

Ngari and Saleh had allegedly been issued a certificate of a lease for the subdivided land on May 13, 2004, and May 18, 2007, respectively.

On his part, however, Konosi claims that he acquired the government land under adverse possession after living on it without interruptions since 2000 over 23 years.

Konosi initiated the case and sued Majid, Bosire, Wandia, and Hassan.

"Bosire was allocated the land on March 18, 1999, and he was issued with a lease certificate for 99 years effective June 1, 1998. The lease was registered on March 22, 1999," submits Konosi.

Konosi claims he expressed interest in the land and pending purchase formalities he moved in sometime in June 2000 and occupied a house erected on the land.

He, however, states that when the intended purchase fell through, Bosire offered it for sale to third parties.

"In 2003, Bosire sold the land to Vijay Morjara but I refused to vacate and Morjara put a caution against the property on July 25, 2003," says Konosi.

Konosi submits that titles possessed by Bosire, Majid, Wandai and Saleh were fraudulently acquired.

The court will rule on the matter on May 2.