Why judges suspended hearing of Chelogoi Sh2bn land case
The Court of Appeal has suspended the hearing of a dispute over an 18-acre parcel of land, which is being claimed by a former provincial commissioner, pending the determination of an appeal filed by two businessmen.
What you need to know:
- The judge then ordered that the status quo be maintained, meaning that Mr Chelogoi continued occupying the land.
- Mr Chelogoi argued that he was the registered owner of the land, having occupied it for more than 28 years.
The Court of Appeal has suspended the hearing of a dispute over an 18-acre parcel of land, which is being claimed by a former provincial commissioner, pending the determination of an appeal filed by two businessmen.
A bench of three judges also barred Mr Davis Nathan Chelogoi, a former provincial commissioner, from interfering or taking possession of the land in Loresho, Nairobi, until the case is determined.
Businessmen Ashok Rupshi Shah and Hitenkumar Amritlal Raja rushed to the Court of Appeal after a judge of the Environment and Lands Court (ELC), in a ruling delivered in April, ordered that Mr Chelogoi to continue occupying the land, pending the determination of the ownership dispute.
The duo argued that Justice Judy Omange made the decision yet another judge of the same court had earlier declared them as the legal owners of the property valued at Sh1.3 billion.
“Although counsel for the 1st respondent (Mr Chelogoi) forcefully submitted that the intended appeal is not arguable, we are satisfied that the intended appeal is not frivolous. It is arguable,” Justices Gatembu Kairu, Aggrey Muchelule, and Weldon Korir said.
The judges said in the absence of an order suspending the proceedings, the ELC would proceed to hear the case and may issue orders that would unduly complicate, not only the intended appeal but also another appeal filed by Ms Mirriam Wairimu Wambugu, the widow of Jacob Juma and who also claims the land.
The two businessmen said they were declared the legal owners of the property in a judgment delivered by Justice Loice Komingoi on July 28, 2022, after a full hearing.
They pointed out that Mr Chelogoi unsuccessfully applied to stop the judgment before it was delivered.
The former administrator has also been charged with forgery among other accusations over the parcel of land and is out on bail.
He subsequently sought the setting aside of the judgment but Justice Omange dismissed the application on July 20, 2023.
Undeterred, Mr Chelogoi filed a new suit seeking to be declared the legal owner of the property on the strength of a title issued in his favour as the case was pending in court.
The judge then ordered that the status quo be maintained, meaning that Mr Chelogoi continued occupying the land.
Mr Chelogoi argued that he was the registered owner of the land, having occupied it for more than 28 years.
