The widow of former finance minister Arthur Magugu led her family to a plot where the once-popular Simmers Restaurant in Nairobi’s central business district stood.
The land is at the centre of a protracted court tussle with other parties who claim its ownership.
On Wednesday, Margaret Magugu inspected the site and told tenants there to be law-abiding citizens arguing the law will take its course.
Her son Steve Njoroge who is also the family lawyer accompanied her to the site.
She said she is relieved that almost 14 years after a protracted fight with former Kimilili MP Suleiman Murunga over the land, the court had given her temporary ownership.
“We are law-abiding citizens and have faith in the judicial process,” she said.
This came a day after suspected goons raided the property on Monday night in efforts to control it.
This left at least six people injured.
More than 12 people were arrested in the fracas.
The widow last week won the first round in their efforts to control the plot after Justice Ogutu Mboya on June 13 ruled that the status quo of the property be retained.
“That there be and is hereby granted an order of status quo be maintained over and in respect of the suit property pending the hearing and determination of the suit. For coherence, the status quo shall relate to the current occupation, possession and use of the suit property.”
“That in terms of possession, occupation and use. It is hereby confirmed that it is the first and second defendants who have been in possession and shall thus remain in such occupation and possession,” said the ruling by Justice Mboya.
Justice Mboya added:
“That nevertheless, the orders of status quo herein shall not enable anyone who has hitherto not been in possession to enter upon and/or trespass onto the suit property or in any other way interfere with the current use of the suit property.”
The judge ordered that the matter shall proceed for further defence hearings on June 24 and 26, 2024 both days inclusive.
Murunga who had filed the suit before Justice Mboya filed a fresh suit before Justice Jackline Mogeni with the same parties over the same piece of land.
Mogeni blocked any transfer, subdivision or use of the parcel, pending the hearing of the petition. She added that further directions would be given on July 9 2024.
Murunga moved to court arguing that he is the beneficial owner of the parcel on Kenyatta Avenue after Simmers Restaurant was forcibly evicted from the plot on March 2, 2018.
Murunga said the restaurant then had over 67 employees and enjoyed prominence as one of the major outlets of alcoholic products, with several awards.
Murunga had leased the land since 1997 from Nilestar Holdings as Green Valley Ltd, a company being fought over by the family of former Finance minister Arthur Magugu and businessman Madatah Hasham Ebraham.
He said Nilestar’s 99-year lease expired on December 31, 2009, and despite a renewal application, it was not granted by the Commissioner of Lands.
In 2011, he said he applied and was allotted the property on November 8, 2011.