Court stops eviction of family from land worth Sh 40million
Wilson Mwathi, one of the two men facing eviction from land he has occupied since 1985
Two Nakuru families got a reprieve after the court issued orders temporarily stopping their eviction from a property they have called home for 38 years.
Justice Mwangi Njoroge issued instructions staying the execution of orders, directing for the eviction of the families of late Florence Nduta and Florence Wambui from a prime property at Kenlands area, pending hearing and determination of an appeal they have filed.
The families were to be evicted from the land after losing a land ownership tussle with a business woman, Teresia Wangari.
The court in its judgement on January 19 declared Ms Wangari who is the daughter of a Nakuru tycoon and hotelier Gachoka Kahawa the owner of the land parcel valued at Sh 40 million which is adjacent to Jarika hotel.
In his ruling, the judge ordered the sons of Nduta and Wambui, Samuel Ndungu and Wilson Mwathi respectively to vacate the 0.9-acre parcel and take with them their belongings and those of their families.
The judge ruled that the two had failed to prove that they occupied the property since 1993, without any interruption, to be granted proprietorship under the adverse possession rule.
Mr Ndungu and Mwathi however moved back to court to challenge the eviction orders. They lodged an application seeking stay of execution of the judgement and decree pending the appeal.
The two claimed to be dissatisfied with Justice Njoroge’s judgement and faulted the judge for dismissing the families’ evidence of proprietorship over the land without considering it.
“Having peacefully occupied the property since 1985, we feel that the court should have granted us ownership under adverse possession,” submitted Mwathi.
While ruling on the application, Justice Njoroge said the stay orders on eviction will apply, until an appeal by the family is heard and determined.
“I deem it prudent to order that parties in the case do await the outcome of the application at the Appellate Court before I can hear the application for eviction,” ruled Njoroge.
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