COURT RESTRAINS TREE FIRMS FROM INTERFERING WITH SH1BILLION LAND IN NAIROBI KILIMANI.

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Samvo Limited lawyer Steve Mwenesi outside Milimani Law Courts building in Nairobi after high Court restrained three firms from interfering with Sh1billion land in Nairobi’s Kilimani area pending the outcome of the ownership dispute.
BY SAM ALFAN.
High Court has restrained three firms from interfering with Sh1billion land in Nairobi’s Kilimani area pending the outcome of the ownership dispute.

Justice Lucy Gacheru extended an injunction obtained by Samvo Ltd on April 19, 2007 blocking Delta Haulage Services Ltd from encroaching on the prime property situated along Ndemi Road.

A Chinese firm, Catham Properties Ltd, that was incorporated on January 17, this year, claims the property was sold to Li Wen Jie by Alexander Kung’u Maina and Christopher Mungonye Wamae on January 13, last year.

Justice Gacheru said each of the parties was claiming ownership and possessed title documents that required to be interrogated through full trial.
“The allegations of fraud or misrepresentation can only be proved through calling of evidence, she said.

Samvo Ltd, through lawyer Steve Mwenesi, had accused Delta Haulage Services of having encroached on the land it had owned since 1999.
On its part, Delta Haulage Services claimed to have been in possession since 1985 and secured title documents in 1999.

Businessman Ali Mohamed Egal claimed agents of Catham Properties Ltd, with the assistance of police officers, forcefully invaded the property and evicted his employees.
He complained he had suffered substantial loss and damage to his permanent building constructed on the land.

Justice Gacheru ordered the parties to take urgent hearing dates to resolve the dispute after it emerged that crucial documents filed by Delta Haulage Services had disappeared from the court file.

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