The High Court has nullified an order used by a businessman to evict his rival from a Sh800 million property in Nairobi’s Nyamakima area.
The consent order dated November 16, 2000 was used by Joseph Maina. Environment and Land Court judge Elijah Obaga on Friday said the order was fraudulently obtained.
Obaga was ruling on a case in which Elias Waithanji, the proprietor of Try Tyres in Nairobi, had sued the Chief Registrar of Lands for illegally revoking his title deed.
The title was transferred to Maina, who is the second defendant.
Waithanji’s lawyers Gilbert Kinyua and Kibe Mungai said the cancellation of title was illegal as the court relied on a forged consent order.
Shah bought the land in 1996 from Joginder Singh Bhamra. He later sold it to Waithanji in 2000 at a cost of Sh12 million. Shah said his signature appearing in Maina’s consent order was a forgery.
Waithanji wants the court to quash an order issued on in April last revoking his ownership of the land on which stands a five-storey building.
He also wants a Gazette notice issuing a provisional title to Maina revoked. Hearing continues next year.