Judiciary distance self on Lavington land dispute.

Judiciary has distanced self Lavington land saga over claims that an order was issued to have the land taken.

In a statement to the press dated 20th August 2023, the judiciary says it has been made aware of adverse media reports touching on the institution regarding a land dispute on land parcel LR No. 209/7771/1, LR No. 209/7771/2 and LR No. 209/7771 in the Lavington area of Nairobi City County and wishes to provide the following details to the public in the context of ‘supposed’ Court Orders issued in respect to the property in question:

“Mahesh Kumar Bhatti and Anita Bhatti (applicants) have instituted civil proceedings in the Environment and Land Court at Milimani by way of originating summons under case number ELC 0.S E015 of 2023 Mahesh Kumar Bhatti and Anita Bhatti vs. Malkiat Singh Assi and Munir Ahmed Chowdhary. In the suit they have sought the following prayers:

That a declaration do issue that the applicants have jointly acquired title to and ownership of all that parcel of land known as land reference No. 209/7771/2 by virtue of adverse possession. alia:

That the Chief Land Registrar Ministry of Lands Nairobi do hereby register the applicants as the joint proprietors of LR No. 209/7771/2 in place of the respondents and the Deputy Registrar of the Court be authorized to sign all necessary papers,
documents and transfer forms, application for the consent of the Land Control Board to ensure that the applicants are registered as the owners of the said suit property free from all encumbrances.

Contemporaneously, the applicants also filed an application seeking inter lia:

THAT pending the hearing and determination of the application, the Court issues orders of Injunction restraining the respondent by themselves, their servants, agents, proxies and/or persons exercising authority from them from inhibiting, alienation, dealing, disposing, trespassing and/or in any other manner interfering with the applicants’ quiet use, occupation and possession of all that parcel of land known as Land Reference No. 209/7771/2“

Judiciary details that the application has not been determined and that the the Court has set a mention date for directions on 18th September 2023.

Consequently, no Court Orders have been issued in respect to the properties in question whatsoever.

“We hope that this statement aids the public in verifying the emerging media reports especially to the extent that touches on the Judicial process.”
Adding:  “The Judiciary assures that the civil case before the Environment and Land Court will be determined fairly and expeditiously in compliance with the law and urges against misinformation and disinformation as far as this process is concerned.

“We remain ready to provide clarification as far as the process is concerned whenever required to protect the integrity of the proceedings.”