City hall in Nairobi which is the headquarter of Nairobi County Government.
By SAM ALFAN
Nairobi county government has been sued for interfering with a suit land where development of a commercial complex is to be constructed in Eastleight area by a private developer.
Golden Lime International limited has taken the dispute up to the court of appeal which has ordered that the suit property registered under L.R No 36/VII/1037 and L.R 36/VII/48 remains under the original owner.
The aggrieved owner Mohamud Shelk Hussein through his lawyer Gitau Gikonyo has told the court that the county government has attempted to alienate the suit property and give consideration to the directors of Alfa Traders, Mr Farah Mohamed barrow and Ali ShelK Mohamud in disobedience of the court orders.
Mr Gikonyo told the court that the property belongs to Golden Lime International limited, the county government and the directors of Alfa Traders having been restrained by the court of appeal on 11 February 211 no one can purport to carry out the alleged alienation.
Alfa Traders has contemptuously and in total flagrant disregarded the existing court orders by seeking the alienation of suit property belonging to the applicant for his exclusive use and construction of the complex market.
The lawyer submitted that the county government has colluded with the directors of Alfa Traders to deprive the applicant his suit property despite the injunction issued by the court of appeal.
The action by the county government is tantamount in deciding the suit land belongs to the Alfa Traders limited, whereas the matters ate still pending before the high court and appellate court for determination.
The court must restrained the two directors who have purported to submit building plans to the council and have threatened to evict the applicant who has all along owned the suit property
Mr Gikonyo told the court that there is real danger of the illegal and forceful eviction of the applicant before the matters before court is decided.
He said that the court should urgently issue a temporary injunction to preserve the suit property to avoid violation of the orders of the court of appeal.
The lawyer said that the applicant was granted by the then Nairobi City County through Social Services and Housing Committee which requested for a proposal for redevelopment of Eastlegh Open Air market in 2008
The proposal was duly considered by various committees of the council was finally passed by full council and resolution was passed for the construction of complex Mall by the applicant, the lawyer submitted.
The court heard that the applicant was notified by the full council of the award through vide letter dated 20 November 2008
The court fixed the hearing of the applicant his application inter parties on May 12.