The High Court has cleared the way for the construction of a multimillion-shilling housing estate in Kiambu County despite a raging succession battle.
In a ruling last month, Justice Abigail Mshila dismissed the application seeking to stop the documentation processes, which includes the issuance of title deeds for the project that is being undertaken by Finsco Africa and Legacy Ridges.
The project spans 100 acres in Ruiru but Mr Godfrey Alfred Hinga Ndua had sought to stop the process pending the determination of a succession case.
The court was informed that Mr Hinga was raising issues that had already been determined by another judge.
“In this instance, the addition of more respondents by the applicant to this instant application is found to be an attempt by the applicant to circumvent the principle of res-judicata and amounts to an abuse of due process,” Justice Mshila said.
Clearing way for the project
Mr Hinga had previously accused his step-mother Virginia Waithira Ndua of illegally running and managing the family company known as Wamikey Estate.
He stated that his late father, David Ndua Thuo, had five children with his first wife, including him.
Wamikey Estate Limited was a company owned by his late father and Ms Waithira but that she had illegally taken over the management of the company to the exclusion of the other members of the family.
He argued that the court had the jurisdiction to deal with matters raised as the respondents have intermeddled with the estate warranting the court to order its preservation.
While opposing the case, Wamikey Estate Ltd stated that there was no new evidence or a mistake on the record of the court for the matter to be reopened.
In the ruling, Justice Mshila upheld a preliminary objection raised by the company, clearing the way for the project.
“The application is found to be incompetent and it is hereby struck out,” stated Justice Mshila.
The legal battle centred on a project in Kiambu County dubbed Legacy Ridges. The developer, Finsco Africa, had asked the court to distinguish between commercial and succession issues and the need for real estate firms to be protected against suits that target to halt processes of legal companies.
The company maintained that the issues had been previously adjudicated and were, therefore, subject to the doctrine of res judicata, which prevents the same case from being litigated multiple times.
The project, which is being executed in phases, will comprise 1,500 units, which will include affordable modern maisonettes with servant quarters and bungalows for their existing clients through their Home Direct product.
The phased development is expected to address the housing needs of a significant portion of the local population, contributing to the region's economic growth and providing modern, affordable housing solutions.
