Court declares Mount Pleasant Ltd lawful owner of Sh1 billion Muthaiga land
The court held that the company had proved its case on a balance of probabilities and established legitimate ownership of the prime property, which it valued at over Sh1 billion.
The Environment and Land Court in Nairobi has declared Mount Pleasant Limited the rightful owner of a multi-billion-shilling parcel of land in the affluent Muthaiga area, bringing to an end a protracted ownership dispute involving two private individuals and former President Daniel arap Moi's alleged estate.
Justice Oscah Angote, in a judgment delivered on Thursday, ruled that Mount Pleasant Limited lawfully acquired the parcels, originally known as L.R Nos. 214/20/1/1 and 214/20/2, later amalgamated into L.R No. 214/832, after purchasing them from former Cabinet Minister Arthur Kinyanjui Magugu and his wife, Margaret Wairimu Magugu, in 2006.
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The court held that the company had proved its case on a balance of probabilities and established legitimate ownership of the prime property, which it valued at over Sh1 billion.
"The court finds that between the Plaintiff and the 1st and 2nd Defendants, the Plaintiff has established that it is the legitimate proprietor of the suit properties," Justice Angote stated.
The case stemmed from competing ownership claims between Mount Pleasant Limited and two individuals—James Njuguna Mwangi and Jane Wangui Mundia—who claimed to have bought the same parcels from the late President Moi in 2012.
The duo alleged they paid a total of Sh333 million for the land and later applied for amalgamation of the two titles into L.R No. 214/832.
However, Mount Pleasant maintained it had purchased and taken possession of the land six years earlier and accused the two of forceful entry and eviction of its guards in 2013 and again in 2020.
The company sought declarations of ownership, cancellation of the defendants' title, and orders to restrain them from accessing or dealing with the property.
Justice Angote nullified the title issued to Mwangi and Mundia, terming it "void ab initio" and directed the Chief Land Registrar to cancel all related entries and restore the registers to reflect Mount Pleasant Limited as the lawful proprietor.
The court further issued permanent and mandatory injunctions restraining the defendants from entering or interfering with the property and ordered them to vacate within 30 days, failing which eviction would follow. The OCS Muthaiga or Gigiri Police Station was directed to enforce compliance.
In addition, the judge awarded Mount Pleasant Sh10 million as general damages for trespass, rejecting the company's separate claim for mesne profits, which he said had not been specifically pleaded and proved.
The defendants' counterclaim was dismissed in its entirety, with the court ordering them to pay costs of the suit and interest on the awarded damages until full settlement.
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