Githunguri Njiru moved to court under a certificate of urgency seeking an injunction to restrain the defendants from developing the land pending the hearing and determination of the case./FILE
Githunguri Njiru moved to court under a certificate of urgency seeking an injunction to restrain the defendants from developing the land pending the hearing and determination of the case.
The company through lawyer Kabue Thumi, says that the defendants conspired to acquire ownership of the parcels of land LR 6845/9 and 6845/16.
The lawyer argues that the defendants fraudulently conspired to unlawfully sub divide portion of the land and purported to acquire letters of allotment from the former Nairobi City Council.
Kabue says that commencing the year 2008, NCC working in cahoots with other defendants fraudulently came up with scheme to dispossess the firm of its lawfully owned parcel of land.
Several efforts have been made to remove the defendants from the suit land, but it was not successful.
The company through its directors lodged a complaint with Officer Commanding Police Station Kayole seeking assistance to stop occupation of its land by the strangers, but was unsuccessful.
Kabue says that a further attempt were made in December 2014 when the company dispatched surveyors to demarcate its land they could not execute the task as they were met with hostility by the illegal occupants.
The lawyer avers that some defendants have commenced construction of permanent structures which state of affairs has prejudiced the real owner of the land.
The firm has been deprived of the use and quiet enjoyment of the suit property which has been illegally occupied by the defendants.
The firm will be seeking a declaration that it’s entitled to exclusive and unimpeded right of possession and occupation of the parcels of land that have been illegally taken away.
“The plaintiff is further apprehensive that the defendants may move to further subdivide and offer for sale to unsuspecting third parties the suit land if the court does not issue an injunction,” the lawyer says.
During the hearing the company will demonstrate that it did not sell the plots to the defendants who have been notified over the court proceedings in view of their refusal to vacate.
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