A judge has extended orders barring Kileleshwa MCA Robert Alai from interfering with a property in the Runda area in Nairobi which belongs to Cancer Investments Limited.
The company accused Mr Alai of invading and taking possession of the property on March 31. It said that all efforts to remove him and other alleged trespassers have been unsuccessful.
The parties appeared before Justice Mohamed Kullow on Monday, where he extended the order originally issued on May 19 until September 24, when the case will be heard.
“Interim order extended until then,” the judge said.
The firm’s director Mukhtar Ahmed Parkar said he sought the intervention of the police following the alleged invasion but efforts to remove Mr Alai and his associates have been futile.
“The plaintiff’s proprietary rights over the suit property being protected under Section 26 of the Land Registration Act prima facie entitle the plaintiff to protection under Article 27(1) of the Constitution,” he stated.
Mr Parkar said the company purchased the property from Trans National Bank on January 13, 1992, and has been in possession ever since. He also revealed that the property has been charged to a bank for a loan of Sh110 million.
In response, Mr Alai denied forcibly entering the contested property accompanied by goons. He also refuted claims that he deposited two truckloads of machine-cut stones or erected an iron sheet fence on the land.
Mr Alai argued that the businessman had failed to produce crucial documents including the title deed, sale agreement and the alleged charge documents.
“The balance of convenience favours setting aside the injunction, as the plaintiff’s unproven ownership and evidential gaps outweigh any alleged harm,” Mr Alai said.
He further argued that the injunction unfairly restricts his rights and activities asserting that he has a lawful interest in the property which he intends to prove during the hearing.
Mr Parkar added that he has consistently paid utility bills, including to Runda Water Ltd and for electricity which will be submitted as evidence in court. He said the property was invaded just as he was preparing to renovate it having leased it to a nearby school.
The company maintained that it has never engaged in any transaction involving the property with Mr Alai or any other party and that the original title deed remains charged to the bank.
Through lawyer Harrison Kinyanjui, Mr Parkar claimed that during the confrontation, Mr Alai’s alleged associates armed with crude weapons brought down the gate and physically assaulted and injured him.
“Apparently imagining that the suit property is vacant and unoccupied, the 1st defendant with intent to allow other trespassers to enter and occupy the land without the plaintiff’s consent or authority forced his way into the property,” Mr Kinyanjui told the court.
The company is seeking orders to permanently restrain Mr Alai from occupying, leasing, or carrying out any construction on the property.
“It is imperative that this Honourable Court intervenes and, without validating the unlawful presence of the 1st defendant on the suit property issues orders to stop any further illegal construction,” Mr Kinyanjui said.
