Famers’ bid to be enjoined in a Sh5billion Nairobi land case opposed
Mama Lucy Kibaki Hospital. Two private companies are embroiled in a tussle over ownership in a case that has been in courts for 40 years. FILE PHOTO | NATION MEDIA GROUP
What you need to know:
- DHSL claims the land stretches from Mutarakwa Road in Dandora to Kayole area in Nairobi County.
- But KDFC through Mr Njiru told Justice Mutungi that they have an original title teed to the land.
A judge has been asked to reject an application by a private company to be enjoined in a Sh5 billion land case that has been pending in court for 40 years.
Lawyer Lawrence Kamau said Kiambu Dandora Farmers Company Limited (KDFC) should not be allowed to join the case filed by Dandora Housing Schemes Limited (DHSL) in 1974.
The National Lands Commission (NLC) and the Attorney General also applied to be enjoined in the case before Justice John Mutungi.
KDFC and DHSL have been battling over the ownership of the 818 acres of land in Nairobi’s Eastlands area on which Mama Lucy Kibaki Hospital is built on.
Mr Kamau told the judge an initial application by KDFC through lawyer Boniface Njiru was struck out for none attendance and “now the application to be reinstated in the case should not be permitted.”
“NLC seeks to be enjoined in the case. DHSL alleges Umoja II has been built on its land,” the lawyer said.
DHSL claims the land stretches from Mutarakwa Road in Dandora to Kayole area in Nairobi County.
Mr Kamau told the court that DHSL and a sister company Falcon Limited were seeking orders to compel the Chief Land Registrar to issue them with a provisional title since the original one cannot not be traced.
ORIGINAL TITLE DEED
He said Senior Lands Registrar Mr Geoffrey Swanya Birundu had published gazette notice number 9212 of December 24, 2014 stating that a provisional title would be issued to DHSL after the lapse of three months.
DHSL says they were declared legal owners of the land in the early 1980’s by High Court Judge Justice (rtd) Frank Shields.
The Judge then ordered a former registrar of the High Court the late M J Bhatt to return some Sh1 million deposited in court as compensation for acquisition of the land by government in 1970 for public utility.
Justice Shields declared the acquisition illegal and reverted the land to DHSL and directed the Commissioner of Lands to issue a title to the company.
But KDFC through Mr Njiru told Justice Mutungi that they have an original title teed to the land.
“We have the original title. There is no need to issue a provisional title. My client is ready and willing to produce the original title to this court,” he said.
Njiru added that the land ownership dispute was determined in 1984 and KDFC declared the owner.
The Judge directed NLC to swear an affidavit articulating its interest in the land.
The case resumes on July 1.
