BY SAM ALFAN.
Nairobi Governor Mike Sonko wants Environment and Land court to set a side orders obtained by a company in a dispute over Sh100 million parcel of land in Buruburu.
Through lawyer Harisson Kinyanjui, the Governor filed an urgent application after the company identified as Landmerk International Properties demolished part of a church known as Glad Tidings Crusade Ministry and other houses at Buruburu.
According to Sonko, the court which granted eviction orders had no jurisdiction to determine the case, hence the case should be struck out.
On Saturday a scuffle was witnessed when a group of goons armed with machetes and other crude weapons arrived at the church, where school children were learning, and started demolishing it.
The goons reportedly had a court order but Sonko arrived at the scene and stopped the demolition.
Document filed by Sonko say that there was no consent or rates clearance certificate sought or obtained from the Nairobi City County Government for the purported “transfer” of the suit property to the Landmerk International Proprietors Limited.
The county government says that following the weekends demolitions they checked their record and found that the rate payer and registered property was the church and not Landmerk International Properties Limited.
“From our land records the suit property is in fact in the name of the church Glad Tidings Crusade Ministry,” reads the court documents.
The Governor further says it seeks to demonstrate that there was no lawful dealing in such as would be founded on legality of and concerning the suit property Nairobi/Block 78/863 in Buruburu.
“The plaintiff’s suit was filed in 2019, way after the said ELC 1220of 2016 and same was clearly a conspiracy between the plaintiff and Glad Tidings Crusade, Christin Opiko, Fred Agwa, Edward Otieno (all who are trustees of Glad Tiding Crusade) who were all long aware of the suit HC ELC No. 1220 of 2016,” said the court documents.
The county government said they are necessarily party together with Joan Jane Awour Ocholla and such enjoinment is intended to save court time in adjudicating upon similar facts issues as raised by the applicants and for which the court intervention is sought to protect the dignity of the court.
It added that plaintiff obtained orders that are injurious to the Nairobi City County Government and Ms Ocholla which were in violation while they were aware that the ELC proceedings are pending before court.
“Landmark International Properties Limited sought to unjustly enrich itself by creating an avenue to register a false and alleged “consent” of L.R. NO. Nairobi/Block 78/863, Buru Buru through the illegal proceedings , yet there is no valid, proper or lawful consent or sale agreement between landmark and party , let alone Glad Tidings Crusade, Christin Opiko, Fred Agwa, Edward Otieno,” added the county government.
The application has been certified urgent and county government enjoined as Interested Party.
Commercial magistrate Wanjala directed the county to serve and appear for hearing tomorrow.