A former provincial commissioner has moved to court seeking to repossess an 18-acre parcel of land in Nairobi’s Loresho area, following his eviction from the disputed property last year.
Mr Davis Nathan Chelogoi claims that he was illegally thrown out of the property- estimated to be worth Sh1.3 billion, alongside his employees in July last year, without an eviction notice.
He further said that the eviction happened even after the court denied Mr Ashok Rupshi Shah and Hitenkumar Amritlal Raja, orders seeking to evict him.
The Environment and Land court declined to grant him the orders sought, and instead directed the parties to file their submissions and appear for the mention of the case on September 29, to get a ruling date.
In reply, Mr Shah maintained that in a judgment on July 28, 2022, Justice Loice Komingoi declared him the rightful owner of the property.
He said he obtained the judgment after there was an attempt the Registrar of titles to deprive of the land, through forceful eviction.
“I am advised by my advocates that as the bona fide and legal owner of the suit property, I am entitled to all the benefits that accrue to a property owner, including the right of quiet and peaceful enjoyment of the property,” he said.
Mr Shah said he acquired the property in January 2007 from Linel Company ltd and they were in possession of it until the attempts to forcefully take it from them, prompting them to move to court.
The property is claimed by the two businessmen, Mr Chelogoi and Ms Miriam Wairimu Wambugu, the widow of late businessman Jacob Juma.
The two businessmen said they were declared to be the legal owners of the property by Justice Komingoi after a full hearing.
They pointed out that Mr Chelogoi unsuccessfully applied to stop the judgment before it was delivered.
He subsequently sought for the setting aside of the judgment but Justice Judith Omange dismissed the application on July 20, 2023.
Undeterred, Mr Chelogoi filed a new suit seeking to be declared the legal owner of the property on the strength of a title issued in his favour as the case was pending in court.
The judge then ordered the status quo to be maintained. Another case is pending before the Court of Appeal.
Mr Chelogoi on his part argued that he is the registered owner of the land, and had occupied it for more than 28 years.
He said he was not a substantive party in the earlier case and that the court took note that he was the registered owner of the land and had initiated a separate case, which is yet to be determined.
He says Mr Shah disregarded the ruling of the court and proceeded to lodge a complaint with the Directorate of Criminal Investigations, and he was subsequently charged with forcible detainer and trespass. He is out on bond.
Mr Chelogoi wants Mr Shah, Raja, the Nairobi regional criminal investigations officer and Gigiri police boss, among others cited for contempt of court and committed to civil jail for six months.
“The actions of the respondents in deliberately disobeying and or disregarding to comply with the ruling and orders issued by this honourable court not to evict the applicant, while aware of the court orders, amounts to contempt of court as it seeks to undermine the dignity and judicial authority of this honourable court,” he said.
