Judges Dismiss Jacob Juma Widow’s Bid to Halt Eviction from Contested Nairobi Land
The widow of the late businessman Jacob Juma has been unsuccessful in her attempt to prevent eviction from a disputed Sh1.3 billion property in Loresho, Nairobi.
Court of Appeal judges Patrick Kiage, Abida Ali Aroni, and Lydia Achode rejected Miriam Juma’s application, stating that they were not convinced her appeal would be rendered useless if the eviction orders were not blocked.
In their judgment delivered on Friday, the judges noted that Juma has occupied the property for the past 15 years, a situation that remains unchanged despite Ashok Rupshi Shah’s victory.
They criticized her for the significant delay in applying and for not responding to an eviction order application.
The judges stated that depending on the investigation outcomes, Juma would still have an opportunity to present her case before the DCI.
They emphasized that the investigations aim to uncover the truth, which is in the best interest of all parties and may help resolve the long-standing issue.
“From the analysis, the applicant has failed to demonstrate the second of the twin principles. As such, the application is dismissed,” the judges ruled.
Juma had sued Shah and Hiten Kumar over the ownership of the contested land.
The land is also claimed by former provincial commissioner Davis Nathan Chelogoi, who is engaged in another court case regarding the land’s ownership.
In July 2022, Justice Loise Komingoi of the Environment and Land Court ruled that Juma, who passed away in May 2016, had obtained documents for the 18.25-acre land unprocedurally.
The judge ordered the cancellation of the ownership documents and directed his widow to compensate Shah and Kumar Sh50 million for trespassing and denying the rightful owners the use of their property.
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Chelogoi later sought to overturn the decision, arguing that he was not given a fair hearing, but his application to reopen the case was denied.
Shah and Kumar had moved to court in 2009, arguing that the late Juma had unprocedurally acquired the land, fenced it, and built security houses to deny them access.
The widow claimed the property was registered in her late husband’s name through an allotment letter dated March 1, 1992, and a grant registered on August 16, 1994.
She stated that Juma had occupied the property and built structures, only for Shah and Kumar to seek the cancellation of the documents in court.
Juma further claimed that the grant issued to the claimants was dated December 1, 1994, first registered in the name of Liney Company Limited on December 5, 1994, and both grants had identical deed plans.
She argued that the judge erred in finding no fault with the letter of allotment to Liney Company Limited, whose stamp duty was paid on November 20, 1994—about 20 months late—and in holding that the property was irregularly allotted to Juma without proof of fraud.
In his defense, Shah told the court that another case filed by Chelogoi had ordered for the status quo to be maintained pending the determination of the land’s ownership.
Ashok maintained that he and Hiten Kumar are the rightful owners of the disputed property.
Judges Dismiss Jacob Juma Widow’s Bid to Halt Eviction from Contested Nairobi Land
