The Court of Appeal ruling handed the property back to three brothers and businessmen Harcharan Singh, Jaswanan Singh and Harbhajan Singh who lost it in 2014 to a private developer.
The developer later sold it to another builder who demolished old flats located in the area and constructed a new apartment unit housing 30 tenants.
The Singh brothers were reportedly evicted from the land by goons and police officers who demolished some of their structures.
The court ascertained that the businessmen owned the land since 1968 and that their forceful eviction was illegal.
Appellate judges ruled in favour of the brothers who not only reclaimed the land back but also the new housing units.
They were also awarded Ksh 25 million for damages, after a six-year battle for the land.
“In the court’s view, general damages in the sum of Kshs. 25,000,000 is reasonable to compensate the plaintiffs for the loss they suffered when their structures on the Suit Property were demolished and their equipment destroyed by the respondent’s agents,” judges ruled.
After taking over the property, the brothers ordered the tenants to vacate the houses or recognise them as the new landlords.
“You are ordered to vacate the premises without fail. If not, you should renew your tenancy with your new landlord through his agents.
“Failure to comply, you will be evicted without further notice,” they were warned.
Source: KENYAGIST.COM
