The Court of Appeal has dismissed a case challenging the ownership of two plots in Githurai by a 93-year-old woman.
It was the second win for Njeri Kiriba against Kenya Ihenya Limited and Mary Muthoni.
Appellate judges Alnashir Visram, Patrick Kiage and Jamila Mohammed ruled that Njeri is the rightful owner of the two plots and dismissed an application by the company and Muthoni challenging the November 2017 decision of environment court judge Kossy Bor that Njeri owned both plots.
The judges directed the company to execute the transfer documents that will facilitate the registration of Njeri as the proprietor of the plot within 21 days.
Njeri’s is a story of the unwavering pursuit of justice. She had for years walked from Githurai to the Milimani court in Upper Hill for either the mention or hearing of the case.
Njeri sued Kenya Ihenya Limited, seeking to restrain it from harassing her or trespassing on her properties.
Njeri had told the court that she bought the two plots from the company and was issued with shares certificates but she had been denied ballot papers in respect of the two plots.
Her attempts to resolve the issue by reporting it to several government agencies failed because the company did not cooperate, she says.
The company acknowledged that Njeri was issued with two certificates for the two plots.
According to the company, a 1985 meeting had resolved that for each member to be given a plot they had to pay Sh3,500. Njeri was unable to pay the full amount and was allowed to pay for one plot by instalments, which she completed in 1996.
“The defendant [company] maintains that the plaintiff’s [Njeri] receipts dated September 27, 1995, November 1, 1995, and June 27, 1996, in respect of Sh2,500, Sh1,500 and Sh100, respectively, are self-explanatory and relate to plot number 145 only, not plot number 144. Apart from filing the defence, the defendant did not adduce any evidence in court,” according to suit papers.
The company complained that the lower court judge granted orders that were not sought by Njeri.
It also said the court disregarded overwhelming evidence that Njeri was only allocated one plot and not two. And her complaint too was time-barred and ought not to have been entertained by the court, the company said.
Njeri told appeal court that the judgment entered in her favour by Justice Bor was proper in law and beyond reproach.
She said it was only after she started following up on the title to the suit land that Muthoni emerged with her claim.
The evidence was clear that she (Njeri) had purchased two plots from the company and paid the survey fees for both, and one of those plots is the suit land.
(Edited by R.Wamochie)
