A Member of County Assembly (MCA) for Njiru Area has lost a land court battle against Jayantilal Kachra Shah.
This is after and Environment and Land Court sitting in Nairobi declared that Jayanti is the sole and absolute owner of land known as LR No 42/2/1/1 consisting of 12.75 acres less 2.4 acres for road reserve, situated in Njiru are in Nairobi.
The judgement was delivered on February 18, 2021 by high court Judge Kossy Bor who also restrained the defendants Elijah Mputhia Irura, who is the Member of County Assembly (MCA) for Njiru Area from entering, alienating, constructing anything in or dealing with the suit property.
The matter had been filed in court by lawyer John Ogada who was acting for the old man Jayantilal Kachra Shah.
“The MCA and a group who were calling themselves Budalangi Valley Self Help Group had trespassed into his land and were trying to subdivide it into smaller plots and which they would sell to other people, “he added.
Mr Shah through his lawyer Ogada had further told the court that on August 7, 2019 the defendants took a group of people into his property and these people were chanting “muhindi must go, muhindi must go” and the defendant warned him that they would take possession of the property by force if he would not give up the property.
He said that his fence on the said property has been felled down by agents of the defendants.
Ogada told the court that Mr Shah who is his client had occupied the property for over 40 years and was running a textile business on the property.
He added that Mr Shah who is over 80 years old is a Kenya citizen and has the right to own and quietly enjoy the use of his property without discrimination
The defendant on his part claimed that they had been living on the land and that it belonged to them by adverse possession. According to them, it was the plaintiff who had blocked a public road. The defendant later withdrew their claim and agreed that the land belonged to Mr Shah and the court then made an order declaring the land belonged to Mr Shah.
The court also issued a permanent injunction against the Defendant, his agents or servants from entering, alienating, constructing anything in or dealing with the suit property.
The court ordered that 2.4 acres indicated in the plaintiff’s title as being a road reserve should strictly be used for that purpose and is not open for Budalangi Self Help Group to encroach onto that land and convert it to their own use.
The MCA was ordered to pay the costs of the suit.