BY SAM ALFAN.
Nairobi House Limited has sued the daughter of former powerful Cabinet minister, the late Mbiyu Koinange seeking orders to evict her from a prime seven acre of land valued at Sh 2.4 billion in Lavington Nairobi county for illegal acquisition .
The private company through Lawyer Philip Nyachoti has accused the businesslady Lennah Catherine Koinange of trespassing on the property and started sub division, evacations and constructions on land next to Muthagari police station.
The firm also wants a permanent injunction restraining Ms Koinange from further claiming the land or developing on the disputed land since the company has a valid title deed with 999 years lease from 1910.
The long-running property ownership battle of the seven acre of land has now dragged in court for over a decade.
Nairobi House limited in their court papers also claim that they owned the land before 2016 when Ms Koinange invaded it using armed gunmen and started illegal construction of a perimeter fence.
In the suit filed in the High court before justice Mary Gitumbi the firms also claims that it is unable to develop the property illegal occupation by Ms Koinange’s and its complaints to the police and several government agencies have gone unheard.
In February 2007, High Court Judge Roselyn Wendoh had directed that Ms Koinange’s claim to the seven-acre land was illegitimate and the ownership documents she had presented were fake.
She had also unsuccessfully pleaded with the High Court to stop criminal proceedings against her, with the judge dismissing the suit with costs.
Earlier Ms Koinange was charged at Kibera Law court’s after the police claimed that the acquired land ownership documents she has are forgeries.
The company also claims that the Nairobi County government announced in March,2017 that the land in question “does not exist since the area now includes busy Nairobi City County Roads, one being Kabasarian Avenue”.
” The National Land Commission has established that the disputed land is rightfully owed by Nairobi Housing limited and issued a letter to the Inspector General of police on March 7 2017 requesting for intervention to enable the applicant access the land,” says the Nyachoti.
According to lawyer Nyachoti, Nairobi House Limited had proved ownership of the property.
The Judge directed the parties to file their papers before October 24.
