The Environment and Labour Court continued to hear the case where a company claims its two parcels of land worth 100 million were unlawfully occupied and registered in the name of another person.
Appearing before Justice David Mwangi, Lafey Trading Company filed a suit to pursue its two parcels of land LR No 36/VII/1076 and LR No 36/VII/1037 located in Eastleigh in Nairobi County where they claim to be the rightful owners to the said properties which were grabbed and certificate of titles produced in another person’s name.
In their plaint, they claims owning the two properties by virtue of allotment letter dated August 12, 1997 and thereafter agreement for lease made on December 28, 1999 between the company and Nairobi County government.
The complainant was further issued with deed plan numbers 3111846 and 311846 respectively on September 3, 2010, in respect of the two parcels of land
He indicated that he had been in possession of the suit properties and has made all the requisite payments to the Nairobi County government and obtained all the necessary documents thereof and was awaiting the issuance of certificates of title from the Commissioner of Lands.
Thereafter the plaintiff fenced the suit premises with iron sheets and leased to Eastleigh South Jua kali Self Help Group at a monthly rent of Sh 60,000 who were operating garages.
At all material times he indicated to be quiet enjoying the properties until March 17 2011 when Abdi Dahir Ali who is now registered as the rightful owner in conjunction with Adow Dakane Rafat who was a nominated councilor in Nairobi and the city county of Nairobi while protected by administration and regular police grabbed the properties.
“They did it illegally and unlawfully without any court order and evicted the plaintiff’s tenants from the suit premises and destroyed their properties,” read part of the documents.
They claims that in November 5, 2010, the Commission of Lands issued titles illegally and unlawfully to Dahir in respect to the suit properties while the plaintiff was in possession of the properties.
He says that “the conspiracy to fraudulently dispossess the plaintiff of its properties through underground dealings,” and when he reported the matter to the police they refused to assist him but on the contrary they started working in collision with Dahir, Dakane and the county government of Nairobi.
The complaint is pleading with the court to grant a permanent injunction restraining the defendants by themselves or their agents from carrying out any development selling or transferring the properties pending the hearing and determination of the application.
