Justice has been served after the court handed over the entire property to three brothers who lost prime land in Ngara estate, Nairobi to a developer who built an apartment block.
Businessman Harcharan Singh and his two brothers lost a commercial plot in Ngara estate to Rospatech Ltd, a private developer who forcibly took possession of the property and later sold it to another developer who put up a mixed-use building in 2014.
“Rospatech Ltd grabbed the land and sold it to Tarabana Ltd for Sh24 million. Tarabana put up the building as the court case filed by Singh was still going on,” stated court records.
The Court of Appeal heard that Tarabana used the property to secure a Sh60 million loan.
To evict the Singhs from the property, the court heard that Rospatech Ltd hired a gang, rogue police officers and bulldozers.
Crucial files that would have proven the brothers’ ownership of the property coincidentally went missing at the Ministry of Lands.
Tarabana, Rospatech, the Lands ministry and City Hall officials denied colluding to defraud Singh of his property.
Environment and Lands Court Judge Kossy Bor pronounced herself on the matter in July 2019 and a three-judge bench of the Court of Appeal confirmed her verdict in March this year, showing no sympathy for the grabbers who continued building even after the owners had filed a case in court.
In her judgement, justice Bor stated that the brothers had a legitimate expectation that their lease would be extended.
Tenants in the property were given up to December 1 by Pyramid Auctioneers to vacate the premises or recognise Harcharan as their landlord.
“You are ordered to vacate the premises … by December 1, 2020, without fail. If not, you should renew your tenancy with Mr Harcharan Singh as your landlord through his agents, namely Pyramid Auctioneers,” read part of a notice.
Harcharan’s lawyer Kimandu Gichohi said that the tenants are yet to abide by the order, adding that coordination was ongoing with security agencies and that action would be taken “any time”.
A six-year legal battle has now made Mr Singh and his brothers Harbhajan Singh and Jaswanan Singh the owners of the new building, as the Court of Appeal has upheld a previous judgment that declared the brothers the owners of not only the land but also the developments made on the property since 2014.
The company behind the grab, Rospatech Ltd, has Mr Martin Njuguna Ngugi as one of its directors, while Mr Charles Kiri Thube is one of the owners of Tarabana.
By Joy Kyalo