A Lands court has issued temporary orders stopping a Nairobi businesswoman from interfering with the possession of land in Karen, Nairobi with an estimated value of Sh4.6 billion.
Justice Ogutu Mboya restrained Dorcas Joan Kiptoo from entering, remaining or interfering with the property pending a hearing of a case filed by Arvind Kanji Patel.
"That for the sake of peace and to avert any iota of violence, the orders shall be enforced by the sub-county police commander Karen/ Langata and the OCS Karen Police Station respectively," said the Judge.
The court also said that the estate of Patel "shall not alienate, dispose of or otherwise part with possession of the suit property pending further orders of the court".
The Judge issued the order following an application by Arvind who is the administrator of the estate of Kanji Naran Patel.
Arvind told the court that they had had the suit property since 1965 until March 2 this year when Dorcas allegedly invaded the property illegally.
He said the deceased Kanji Naran Patel bought the parcels of land situated in Karen, Nairobi from Henry Albert Moore.
When Kanji died in or about 1995 Arvind was appointed as an administrator of his estate.
The court heard that Dorcas has not adduced any document to lay claim over the suit property.
"My constitutional rights to own and enjoy property are constantly under siege due to the defendant's encroachment and trespass of my land in Karen," he said.
According to the court documents, Arvind's offices were based at the suit property but the alleged encroachment of their property has denied him and his employers access.
He pleaded with the court to intervene and further provide him with police assistance to ensure enforcement of the court order.
"She has no intention to surrender and hand over vacant possession of the suit property that she has illegally invaded and trespassed," said Arvind.
He told the court that he has suffered loss and damages arising from the alleged demolition of structures, buildings and offices erected in the suit property.
After granting the orders, Justice Mboya directed the respondents in the case to file their responses in five days.
Those listed as respondents are Dorcas Joan Kiptoo, Chief Land Registrar, Director of Surveyor and the Attorney General.
The case will proceed inter-parties on March 18.