Court stops sale of Sh2 billion land in Ruaraka
The court is seeking to establish true ownership of the parcel.
The planned sale of a prime parcel in Ruaraka, Nairobi County by four companies has been put on hold pending the determination of its true ownership.
This is after the court issued orders stopping any transaction on the 28 acre land worth Sh2 billion. The parcel is located in Ruaraka industrial area on Baba Dogo Road next to the Moi International Sports Centre .
"The prevailing status quo to be maintained meaning there should be no sale, alienation, charging or subdivision of the land until February 21, 2023," read the ruling by Justice Oscar Angote.
Four firms namely Airwaves Properties Limited, Carlsberg International Limited, DKO Investments Limited and Dawn Innovations limited had advertised the land for sale in a project dubbed Stadium view estate.
However, real estate developer Bancroft Properties moved to court seeking to block the sale after accusing the four firms of attempting to grab the parcel.
The Bancroft said it purchased the parcel of land registered no 13560/3 in 2003 from its initial owner Central glass industries for Sh23million.
The petitioner claims to have learnt of suspicious activities amounting to trespass on the land whereby unknown people guarding and digging roads on the property.
The individuals claiming to be working under the instruction of the four firms are also laying claim to suit property.
The firms further organised an open day where they invited members of the public to assess the oncoming estate project in June.
Bancroft properties claim that the ownership documents in possession by the firms are invalid as they were fraudulently acquired as the firm is not aware of any sale or transfer of the land ownership to the four companies.
According to Bancroft, the original title has been in the custody of the Diamond Trust Bank which is the charge of the property and has never been surrendered to the registrar of lands.
"To date, an investigation of the suit property's title to the root will reveal that the plaintiff is the registered owner and the title in his possession reflects the accurate register compiled and kept up-to-date by the state," read part of the court documents.
Bancroft has sued the four companies and the Chief land registrar (Nairobi Central land titles registry).
The developer now wants the court to declare them the legal owners of the said suit and quash the titles held by the four companies.
It further wants orders of permanent injunction against the four companies barring them from selling, trespassing and interfering in any way with the said land.
