Former Lands assistant minister and Marakwet Mp David Sudi has been unable to develop this plot as intended and has continued to incur loses as crooks kept him in court for a decade!
The crooks have now lost the legal battle for ownership of the prime plot in Woodley, Nairobi County, and have been ordered to vacate or risk forcible eviction.
At the centre of the tussle was Grace Wairimu, the widow of the late Francis Sorora Oloitiptip, who has since since been declared a trespasser by three courts.
The late Sorora had instituted the suit on July 19, 2007 claiming ownership but died before the hearing of the case. His widow ,Wairimu, took over the case five years later seeking to be declared the rightful owner by adverse possession on the basis that she had occupied the land for more than 12 years.
Wairimu sued the council on July 14, 2010, after she was threatened with eviction and later Chaka Ltd.(read David Sudi and his wife Eunice) accusing them of a fraudulent transfer of the land.
However, High Court Judge Pauline Nyamweya ruled that Wairimu was wielding forged documents against her claim on the property and ordered her to leave it to its rightful owners, Chaka Limited.
Court of appeal
Being dissatisfied with the ruling she lodged an appeal.
The Court of Appeal has instead upheld Justice Nyamweya’s findings that “the land was originally registered in the name of Kibicho Ltd in March 1983 and was immediately charged to the collapsed Pan Africa Credit and Finance to secure a loan of Sh4million that was never repaid. The property was then sold to Chaka Ltd in exercise of the bank’s statutory power of sale.”
The court ruled hat the woman did not prove ownership of the land.
Appellate Judges Alnashir Visram, Martha Koome and Jamila Mohamed held that Sorora entered the property with the permission of the council in a letter dated August 20, 1985. “The role played by the council as a local authority did not help Wairimu’s case because she was merely licenced to carry on business and in our view, that did not give rise to a claim of ownership of the land,” the jury ruled.
The documents produced by Wairimu to confirm her status as the owner of the land were found to be forgeries.
“The documents were rightly rejected as forgeries that were merely contrived to support a claim of adverse possession that did not meet the legal threshold,” the judges said.
Sustain claim of ownership
The order to establish the authenticity of allocation of plot No 209/9749 located along Joseph Kang’ethe road was issued by the Justice Luka Kimaru allowing the CID officers to investigate the Sorora documents, since the same have been contested by directors of Chaka Limited, Sudi and Eunice.
The forged documents according to the CID report were user fees and charges levied by the defunct Nairobi City Council and could not sustain the claim of ownership.
” The records held by the Nairobi County Government does not show that indeed (Mrs Sorora) was allocated the parcel of land as claimed in her court documents” the forensic report states.
High court judge Justice Pauline Nyamweya had ordered (Sorora) to vacate the suit property land within a period of 30 days.The judge ordered her to remove all structures placed on the land, saying that in default the Nairobi County government and Chaka Limited move in and carry out eviction of the false occupier.
A section of small scale traders on the site took to the streets to demonstrate the impending eviction but methinks its belated and an old fashioned way to try and fight justice!