Portland wins court battle against squatters

Aimi Ma Lukenya Society chairman Julius Mutua addressing members of the society. [Peterson Githaiga, Standard]

After a protracted Court Battle, East African Portland Cement PLC (EAPC) has been declared the legal owner of a piece of land that has hosted squatters for more than 10 years.

On October 9, 2023, Machakos Environment and Labour Court Judge Justice Annet Nyukuri dismissed with costs the case that had been filed by the Aimi Ma Lukenya Society against the company.

The prime land in question, LR.No 10424, is located along Mombasa Road, South of Athi River Township in Machakos County and is approximately 4,298 Acres.

It has been the centre of a dispute between the giant Cement Maker and the squatters who started living on the land after EAPC finished its mining operations on the land about 10 years ago.

Through ELC case No.74 of 2014 as consolidated with Petition No.10 of 2018, Aimi Ma Lukenya Society officials sued EAPC seeking a declaration of ownership and permanent injunction against the cement processor from dealing with the land until the matter is fully heard and determined by the Court.

It emerged in court that a title deed that had been produced by the Society could be fake. It shows that the land was been transferred to them on May 20, 1980, yet according to the Registrar of Societies, they were registered on September 25, 2014.

In her ruling, Justice Nyukuri noted that the society failed to physically serve the amended pleadings to all the Defendants within 21 days as ordered by the Court on May 17, 2023.

She had cautioned the Plaintiff that failure to do so would lead to striking out of the case.

When the matter came up for mention on October 9, 2023, to confirm whether they had complied with the orders issued by the Court on May 17, 2023, it emerged that they had not complied with court directions.

The judge noted that she had given the plaintiff enough time to comply with the court's directions but they had not done so