A High Court ruling has offered relief to investors in a Sh2.5 billion housing project in Kiambu, ending a protracted land dispute.
Finsco Africa Limited has now started issuing title deeds to buyers after years of a court battle that threatened the multi-billion-shilling investment.
The Legacy Ridges project, which sits on 200 acres within Ruiru sub-county, is a mixed-use development that comprises bungalows, maisonettes and apartments. A quarter of an acre goes for Sh9.5 million. It had stalled due to succession wars.
“We are glad to say that parties involved adopted Alternative Dispute Resolution after court direction to save the project because the main issues that were affecting the investments could have been solved through mediation and negotiation. We are glad that today we are issuing 200 titles so that the investors can go ahead and actualise their housing dream,” Finsco Africa Chief Executive Officer John Mwaura told reporters at the weekend when he issued the documents.
Mr Mwaura further said titles will be issued in batches, citing a huge backlog in the Ministry of Lands .
Godfrey Alfred Hinga Ndua had moved to court seeking to stop the documentation process and subsequent issuance of the title deeds by Finsco Africa until a succession matter was determined.
Mr Hinga had accused his stepmother, Virginia Waithira Ndua, of sidelining him in the deal to sell the land to Finsco.
His argument was that his late father , David Ndua Thuo, had five children with his first wife and they were entitled to the proceeds of Wamikey Estate Limited, the investment vehicle that was selling the land to Finsco Africa.
But Justice Abigail Mshila, the presiding judge of the Kiambu High Court, dismissed Mr Hinga’s application and ruled that the petitioner was raising an issue that had already been determined by another court.
“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 (matter previously determined) and amounts to an abuse of due process. The application is found to be incompetent, and it is hereby struck out,” Justice Mshila ruled.
The ruling in favour of Wamikey Estate and Finsco Africa marked the end of Mr Hinga’s lawsuits. Through alternative dispute resolution, he was prevailed upon not to file other lawsuits.
