Ekaterra Tea, formerly Unilever, has obtained a court order allowing it to continue occupying a contested parcel of land in Kericho town, pending the conclusion of an ownership dispute.
A three-judge Bench of the Court of Appeal ruled that the tea grower had tabled evidence to show that it occupies the property, part of which has tea bushes, and another with residential houses for its workers.
The company moved to the court after the Environment and Land Court in Kericho ruled in favour of Mokal Investment Ltd, which is also claiming the property.
“In our considered view, the applicant’s intended appeal is arguable,” justices Daniel Musinga, Fatuma Sichale and Fred Ochieng ruled.
According to the court, there was prima facie evidence that the company was in possession of a grant in respect of the property, which was temporarily surrendered for the purpose of excision of the two parcels of land, after which the original was returned.
The court was informed that the trial court erred in failing to appreciate that Ekaterra is the lawful registered owner of the land.
The company submitted that Ekaterra had only temporarily surrendered the Grant in respect of the property for purposes of subdivisions after which the Grant was returned to it.
Ekaterra told the court that the title deed held by Mokal is invalid as it has been occupying the land since 1957 and had extensively developed it by planting tea bushes and trees.
Mokal opposed the application stating that the intended appeal is not arguable because the suit property was not in existence and that it was the one occupying the land.
Further, the court heard that Ekaterra had not exhibited an official search to show that it was the registered owner of the suit property.
“Turning to the nugatory aspect, we are satisfied that unless the orders sought are granted, the 1st respondent (Mokal Investment) is likely to invade the suit property and subdivide it, and/or interfere with the applicant’s operations thereon, including the destruction of tea bushes, mature trees and structures thereon, which will render the appeal nugatory, in the event that it is successful,” the judges added.
The firm sought a temporary order stopping Mokal Investment from interfering with its possession of the land or cutting down the tea bushes, pending the determination of the case.
Through senior counsel Kamau Karori, Ekaterra accused Mokal Investment of invading the property on October 6, 2022, and started cutting down trees, a move that prompted it to file a case seeking injunctive orders but it was dismissed by the lower court.
