High Court allows tycoon to evict church in plot row

What you need to know:

  • The property in Buru Buru has been the subject of a dispute between Landmark International Properties, which is owned by Mr Patrick Nderitu, and Glad Tidings Crusade Ministry.
  • The businessman said his company signed an agreement with the defendants on July 30, 2018 in which he bought the property.
  • However, Glad Tidings Crusade and its trustees refused to vacate the plot or deliver the documents to the businessman as agreed.

A row between a Nairobi city tycoon and a church over a multimillion-shilling property has taken a new twist after the High Court ruled in favour of the trader.

The property in Buru Buru has been the subject of a dispute between Landmark International Properties, which is owned by Mr Patrick Nderitu, and Glad Tidings Crusade Ministry.

Both parties claim ownership of the property valued at Sh100 million. However, the court issued orders authorising Landmark International Properties to take over the plot and “remove anything belonging to the church, its agents and employees”.

The case was filed by the businessman against Glad Tidings Crusade and its trustees, Christina Apiko, Fred Agwa and Edward Otieno.

The court also ordered the officer in charge of Buru Buru Police Station to ensure peace during the execution of the order.

SALE OF PROPERTY

The businessman said his company signed an agreement with the defendants on July 30, 2018 in which he bought the property.

Mr Nderitu said he paid the entire purchase price to the defendants on the same day they signed the deal.

The necessary documents were to be delivered three months after the sale, the court was told.

However, Glad Tidings Crusade and its trustees refused to vacate the plot or deliver the documents to the businessman as agreed.

Instead, the church placed a caution on the suit property, making it difficult for Mr Nderitu or the registrar of lands to process documents.

The tycoon moved to court seeking orders to transfer ownership of the property to him.

He also wanted the church to leave the plot and hand over completion documents to his company within seven days.

TRANSFER OF OWNERSHIP

Mr Nderitu urged the court to order the registrar of lands to remove any restriction of the property, cancel the certificate that was still in the name of Glad Tidings Crusade, dispense with the gazettement of the cancelled deed and issue or re-issue another certificate of title to his company.

He urged the court to direct the registrar of lands to maintain the status of the plot in the name of Landmark International Properties.

Last month, a lower court set aside other orders issued on April 10, allowing the businessman to take over the plot.

Nairobi Governor Mike Sonko filed a suit at the same court, accusing Mr Nderitu of demolishing structures belonging to the church unlawfully.