A family whose house was demolished in Westlands, Nairobi last year is now seeking to have the Chief Lands Registrar revoke a title deed held by a private company that claims to own the property.
In an application filed before the Environment and Lands Court, Niraj and Avani Shah want the Registrar compelled to re-issue them with a new lease for the parcel.
The family was evicted from the disputed property in November last year. Later Zachary Baraza, an auctioneer was charged in court over the demolition.
He was accused of robbery with violence and malicious damage to property. But Baraza has maintained that he relied on a court order to carry out the eviction.
Shah in his fresh documents now claims that the property belonged to his late father- Batuk Lalji Shah, who bought it from Phyllis Mcekan in 1976. A new lease was given in 1998 for a period of 50 years after the former expired.
“The late Batuk has been in occupation of the suit property where he erected our home since its purchase and thereafter, his heirs continued living in the suit property,” claim the Shah's.
He has accused Baraza of failing to conduct due diligence on the order that he used to evict the family.
He says as a result, they have suffered colossal loss and damages. They are seeking over Sh560 million in damages.
They also want the court to declare that they are the lawful owners of the disputed property and an order declaring that their eviction was illegal.
The property has been registered under Lariak Properties Limited and the owners are listed as Samuel Chekpkwony, Nathaniel Kipkemboi, John Rotich and Joel Kiplang’at.
