EXTORTION?

Kenyan woman stopped from selling German ex-lover's land

Judge says she lacked enough evidence to prove she bought the land from her former boyfriend

In Summary

• The woman lacks proof of ownership or purchase of the land she claims to have bought from her ex-lover.

• Court restrains her from dividing or selling the two plots owned by the German.

A judge has restrained a Kenyan woman from interfering with properties of her ex-boyfriend.

Judge Loice Komingoi restrained Nereah Said from dividing, constructing or selling two plots owned by Thomas Schering, a German.

Said was also barred from evicting or threatening the German investor from the apartments sitting on the plots in Galu-Kinondo, Kwale county.

The court directed that Schering continues to stay on the property pending the hearing and determination of the case.

Justice Komingoi ordered the matter to be heard on July 3 before Justice Anna Amollo of the Environment and Land Court. 

Schering, through lawyer Elaine Mukoya, had applied for an extension of orders issued in March last year barring his former lover from disposing of the disputed land.

The judge said the German had demonstrated that he was the rightful owner of the two pieces of land and that he will suffer irreparably if Said was not barred from accessing the two plots.

“Said sold another plot without remitting the purchase price to Schering and, therefore, there is a need to preserve the remaining two plots," she said.

Justice Komingoi said the defendant failed to demonstrate that she was the rightful owner of the parcels by providing sale agreements.

She noted that Said only got hold of the land when the German transferred the land ownership to a company they co-owned, he said. She later subdivided the land into three pieces and had already sold one. 

Schering had said they co-owned Rising Eagle Limited to which he transferred two plots he had leased from the Kenyan government.

He transferred the properties to Said for her to sell and she was entitled to 12 per cent of the purchase price.

She, however, sold a piece and failed to remit the price and further changed the names in other pieces by registering them in her names.

Said, through a replying affidavit, maintained she bought the land from Schering and wanted the petition dismissed. 

Edited by R.Wamochie 

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