Kenyan mechanics lose property case

July 29, 2010 12:00 am

, NAIROBI, Kenya, Jul 29 – The High Court has dismissed a bid by more than 800 mechanics operating at the Grogan area in Nairobi who had wanted ownership of the controversial multi-million shillings property.

The mechanics had wanted the court to grant them ownership of the plot which they have been trying to wrest from the management of the Jamia Mosque.

The plot had been a subject of violent battles that pitted the mechanics against police officers who had been attempting to evict them. High Court judge Mbogholi Msagha threw out the suit because the mechanics had failed to disclose to the court that the matter had been dealt with previously by another judge.

Justice Msagha said the mechanics had abused the court process when they filed the case when another judge had dealt with a similar request.

The judge ruled that the petitioners failed to disclose to the court that there was a pending petition over the same issue that is yet to be determined.

The applicants had claimed they are the legal owners of the property.

Through lawyer Paul Muite, they accused Jamia Mosque of adversely possessing the piece of land without their knowledge.

They argued that they have been earning their livelihood from the premises and the court should issue an injunction barring Jamia Mosque from attempting to evict them from the property until they present their evidence.


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