A man claiming ownership of 18 acres that the late controversial businessman Jacob Juma was adjudged to have grabbed in 2008 has been allowed to participate in the hearing of an application seeking eviction of persons occupying the land.
Justice Judy Omange allowed Davis Nathan Chelogoi, who claims to be in actual possession of the land in Loresho, Nairobi to join the proceedings as an interested party.
The judge, however, dismissed Mr Chelogoi’s application to reopen the case, even after claiming that he was condemned unheard.
The Environment and Land Court ruled last year that Mr Juma, who died in May 2016, obtained documents for the land valued at Sh500 million fraudulently.
Justice Loise Komingoi had further directed Juma’s widow — Miriam Wairimu— to compensate Ashok Shah and Hiten Kumar Sh50 million as damages for trespass.
“Consequently, I find that the application to be enjoined as an interested party is merited. The proposed interested party is hereby enjoined,” the judge said and directed the application seeking the eviction and enforcement of the court decision be listed for hearing.
The court had last August ruled that Mr Juma illegally occupied the prime piece of land and denied the real owners, Mr Shah and Kumar, the right to enjoy their property.
Mr Chelogoi wanted the court to quash the judgment, arguing that he was condemned unheard. He further claimed that he has documents to prove ownership.
The judge dismissed the application saying while Mr Chelogoi has a right to be heard, setting aside the decision in the old case would not be an efficient way of exercising his right.
“Given that the applicant was not a plaintiff or claiming under any of the parties he is at liberty to file a fresh case for consideration by the court. He can also elect to participate in the appeal which has been filed. I, therefore, find that it would not serve the interest of justice for all parties to reopen this case,” the judge said.
