The high court has barred a Nairobi Member of County Assembly (MCA) from unlawfully obtaining a Ksh 400 million plot belonging to an 80-year-old businessman.
The order was issued by Lady Justice Kossy Bor of the Environment and Land Court who ruled that Jayantilal Kachra Shah is the sole and rightful owner of the multimillion prime land located in Njiru, Nairobi County.Lady Justice Kossy Bor of the Environment and Land Court during a past function in 2018
Njiru MCA, Elijah Mputhia, and Budalangi Valley Self Help Group were given a permanent injunction to not alienate or construct anything in the property.
Shah was awarded Ksh 100,000 for damages caused by the MCA and the self-help group adding that the fence of the said property had been taken down by agents of the defendants.
Through his lawyer, John Ogada, Shah had told the high court that Mputhia and his counterparts were subdividing the land into portions so that they could sell to other people.
During his submission, Shah had told the court that on August, 7 2019, the MCA took a group of people to the land in question threatening to occupy it by force if he did not agree to surrender it willingly.
Shah also told the court that he had owned the land for over 40 years and has an established textile business which is located on the said plot.
"Shah, who is over 80 years old, is a Kenya citizen and has the right to own and quietly enjoy the use of his property without discrimination," Shah's lawyer said.
The MCA told the court that he co-owned the land with the self-help group but Shah's occupation was preventing development.
However, the defendant later withdrew the claim leading to the courts ruling on the rightful owner of the land.An Empty Court Roomillegal
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