Court bars Chelogoi from interfering with Sh1.5b land

The Court of Appeal has barred businessman David Nathan Chelogoi from interfering or dealing with Sh1.5 billion land in Nairobi.

This is in an application filed by Ashok Shah and Hitenkumar Raja, who argued that Chelogoi had illegally claimed the land even after Environment and Land Court Judge Loice Komingoi declared that they were the actual owners.

Armed goons had briefly locked up Lands Cabinet Secretary Alice Wahome in the disputed land in Loresho. She asserted that the land belonged to Ashok.

Court of Appeal Judges Gatembu Kairu, Aggrey Muchelule and Weldon Korir further ordered that a separate case filed by Chelogoi be suspended until the appeal is settled.

The Judges said that any order from the lower court would muddy the case further as there was a judgement handed in 2019 and an already active appeal.

“The 1st respondent (Chelogoi), whether by himself, his servants or agents or otherwise howsoever, is hereby restrained by an order of injunction from dealing with or interfering with the lands office records of the applicants’ ownership of the suit property,” the bench headed by Justice Kairu ruled.

In the appeal, Shah and Raja argued that after the judgment in their favour, Chelogoi had sought to be enjoined in the case. However, his application was dismissed by Justice Judith Omange.

However, the businessman filed a separate case seeking to be declared the legal owner. In his response, Chelogoi urged the court to dismiss the application asserting that he has been in possession of the land for the last 28 years. He said he filed the case seeking an opportunity to be heard.

In 2019, Justice Komingoi found the late Jacob Juma had grabbed and illegally occupied  the prime piece of land in Loresho, which denied the real owners, Shah and Raja, the right to enjoy their property.

“Juma unlawfully interfered and grabbed the property from 2008, when the prime land in Loresho, Nairobi, was valued at Sh252 million. I am satisfied that the complainants have suffered damages for trespass into their property and are entitled to compensation of Sh50 million,” ruled Justice Komingoi.

The Judge ruled that there was sufficient evidence to prove that Juma acted in collusion with some officials at the Lands registry to illegally obtain the title and ordered his dependants and agents to immediately vacate the property and hand it back to Mr Shah and Mr Raja.

Shah and Raja sued Juma in 2009 claiming that he had grabbed their land, fenced it with a perimeter wall and built security houses to deny them access.

The two businessmen said they bought the land from Liney Company Limited, which were the original owners of the piece of land, having acquired it from the government in 1993.

They stated that before they could take possession, Juma fraudulently procured a fake title to claim ownership and went ahead to block them from accessing the property by constructing the perimeter wall in 2008.

Juma had, in response filed in July 2009, stated that the land was allocated to him in 1992 by the Commissioner of Lands, and issued with a deed plan which he used to acquire the title deed in 1994.

After his death, his widow took over the case and testified in court in December 2019, where she stated that Juma legally acquired the land in 1992 by following the right procedures and was issued with a valid title deed.

The Ministry of Lands, through state counsel Allan Kamau, however told the court the original land documents were stolen and suspected that Juma might have used the lost documents to fake ownership.

Kamau confirmed to court that the original records from the Commissioner of Lands and the Registrar of Titles showed that the land was given to Liney Company Limited, which later sold it to Shah and Raja.

Justice Komingoi ruled that the evidence proved that the land was allocated to Liney Company Limited, and that the title held by Juma was fraudulently acquired.The businessmen noted that there is pervasive corruption that is deeply entrenched so that 13 years after suit.