Court strikes out Woodley property dispute case, rules it lacks merit
By Lucy Mumbi |
The Judge was told by senior counsel Adrian Kamotho that the petitioners before the Court have not exhibited evidence to demonstrate that they are the residents of Woodley Estate.
The High Court has dismissed a petition filed by Woodley residents against the Nairobi County Government. Justice Mboya Ongutu ruled that the case lacked merit and duplicated issues already settled in previous legal proceedings.
The decision brings an end to a long-running legal battle over disputed property in the area.
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The Judge was told by senior counsel Adrian Kamotho that the petitioners before the Court have not exhibited evidence to demonstrate that they are the residents of Woodley Estate.
Kamotho did submit that one of the petitioners Pinto Okari has described himself as an advocate of the High Court without providing proof, saying a cross-check at the Law Society of Kenya his name does not appear among the lawyers known by the LSK.
He said that the court could be issuing an order to fictitious litigants.
In its ruling, the court pointed out that the issues raised by the petitioners had already been addressed in prior cases, including the Court of Appeal’s decision in Civil Appeal No. E375 of 2020.
Additionally, the court stated that the petitioners had failed to show a sufficient legal interest (locus standi) in the case, thereby invalidating their claims.
As a result, the court struck out the petition and all associated applications in their entirety, emphasising that legal petitions must present new and substantive claims to be considered valid.
In addition, the court awarded the costs of the petition and the various applications to the Nairobi County Government, the Attorney General, and Africa Reit Limited, the Interested Party in the case.
The costs are to be mutually agreed upon by the parties or subjected to taxation if they cannot reach an agreement.
The dispute had centred on a 10-acre piece of land, which Nairobi County had already compensated.
The county government provided Sh900,000 to each of the 43 tenants to facilitate the construction of 1,975 apartment units on the land.
Further, Governor Sakaja issued allotment letters to the tenants, guaranteeing them ownership of homes once the project is completed.
The construction of the project is expected to begin immediately.
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