A 106-year-old centenarian who was forcefully evicted from her house in Pangani estate got a reprieve after a court restrained a private developer from taking possession of her property.
Ms Hannah Kasivi Nzomo has been spending nights in the cold after the bulldozer demolished her residence on December 23, estimated to be worth Sh20 million. The property dispute pits her against a tycoon, identified as Birre Hussein Mire, who has also claimed ownership of the property.
In an urgent suit filed at the Milimani commercial courts, leading to the restraining orders granted, the Nairobi senator Mike Sonko has been enjoined in the case as an interested party.
According to Sonko, the developer falsely obtained a court order by suing nonexistent individuals and used the same against the granny.
Sonko has asked the court to punish Mr. Mire on grounds that he obtained a court order and subsequent police assistance to evict the granny by misleading a judge and without â€œfull disclosureâ€ of the details concerning ownership of the dispute property.
The said orders issued fraudulently and through misrepresentation have resulted in the 96-year-old being evicted from her property,â€ the senatorâ€™s suit papers read. In her affidavit, Ms Kasivi states that she is the registered owner of the suit property LR No36/VII?559 and has occupied it since 1974.
â€œOn December 23 the plaintiff invaded the suit premises using orders dated November 13 and December 15 claiming ownership of my property and thereby proceeded to demolish my only house where I live thus leaving me homeless and destitute,â€ the granny states. She states that she is stranger to Mr Mire and â€œhave never sold nor parted with possession of the suit premises.â€
â€œThe plaintiff unlawfully gained orders of demolition and possession by claiming possession from persons unknown to me who neither reside at the premise nor are connected in any way to the suit property,â€ the affidavit states.
Sonko and Ms Kasivi have also challenged the jurisdiction of a magistrateâ€™s court that granted the demolition order on grounds that the property in question is worth Sh 20 million and cannot be a subject of adjudication at a lower court.
COMPENSATION FOR DAMAGES
On Monday senior principal magistrate Mr Linus Kassan directed that the injunction be served to the police to ensure that no further excavation ifs done on the property pending the inter-parties hearing of the case on January 5, 2016. The grandma will also be seeking compensation for damages against the tycoon