Judge gavel [Courtesy]
The Environment and Lands Court in Nakuru has dismissed a case by a businessman claiming ownership of a Sh52 million property.
Justice John Mutungi in a ruling delivered on Tuesday said there was no evidence that Paul Thiga ever occupied and or possessed the property as claimed.
Thiga had in January 2020 sought to be enjoined in a suit by Ngenda Investment Rural Sacco Limited against the estate of Pravinsingh Prabhatsing Singh Parmar, deceased.
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Judge Mutungi noted that even if Thiga purchased the suit property, which is disputed, such purchase would have been subject to the company’s accruing rights of an adverse possessor.
“Even if the proposed interested party (Thiga) purchased the property in October 2011, which is disputed, such purchase would have been subject to the plaintiff’s (Sacco) rights of adverse possession,” read the judgment in part.
The judge noted that Sacco’s rights as an adverse possessor crystallised in July 2014 after the expiry of 12 years.
“There is no evidence that the proposed intended interested party ever occupied and or possessed the suit property as he alleges,” read the judgment further.
Thiga in the suit wanted the company barred from trespassing and or remaining in the suit property. He claimed that on October 24, 2011, he bought the suit parcel of land from Ronald Kilele and was issued with a certificate of lease on October 7, 2020.
He wanted the court to set aside a judgment that allowed the company to own the property under adverse possession and grant him a chance to be heard.
