A coffee farm in Kiambu embroiled in a legal dispute with the family of late billionaire Gerishon Kirima over a lack of a road to its property has received court’s nod to amend its papers to include its claim that the path is legal.
It says according to the documents at Lands office, the road allows access its property to the main Kiambu Road.
The company and two administrators of the late tycoon’s assets started fighting over the road in April 2016.
A coffee farm in Kiambu embroiled in a legal dispute with the family of late billionaire Gerishon Kirima over a lack of a road to its property has received court’s nod to amend its papers to include its claim that the path is legal.
Justice Samuel Okong’o has allowed the farm, Fairview Estate Limited, to amend the court papers to indicate that the disputed road exists and is registered at the Lands office.
“I am satisfied that the amendment sought would enable this court to effectually and completely adjudicate upon and settle all questions in controversy in this suit. I am not persuaded that the proposed amendment will prejudice the administrators of the estate of Gerishon Kirima or that the same would cause them any injustice,” said the judge.
The coffee farm has been allowed to amend the plaint to include and reflect the said registered easement and the right of way created.
It says the road exists and is recognised in the Lands documents. It says according to the documents at Lands office, the road allows access its property to the main Kiambu Road.
The company and two administrators of the late tycoon’s assets started fighting over the road in April 2016.
The farm sued and claimed that the administrators — Anne Wangari Kirima and Teresiah Wairimu, through their servants and agents had “unlawfully” blocked its access to Kiambu Road through land parcels, which it had used for more than 38 years.
It argued that the acts of the administrators were unlawful, high handed and were carried out in bad faith.
It averred that in 1982, the late Kirima submitted a scheme for the sub-division of a land registered as Plot No. 79/1 to the Director of Surveys, which was approved and authenticated.
The company stated that in the said sub-division scheme, the late Kirima provided for a public road from the company’s land to Kiambu road. The firm says the path appears in the said survey plan.
In addition that the approval of the said sub-division scheme and the production of the said survey plan with access road were conclusive as to the existence of the said road and rights.
