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Nairobi County fails to eject Rubis in land dispute


Companies

Nairobi County fails to eject Rubis in land dispute


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Rubis Gigiri, Nairobi. FILE PHOTO | NMG

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Abstract

  • A choose has quashed a letter from Nairobi County authorities requiring KenolKobil to maneuver out of a disputed plot on the junction of Haile Selassie Avenue and Uhuru Freeway.
  • Justice Loice Komingoi discovered the county authorities improper in ordering the oil vendor to cease additional development on the piece of land and vacate the positioning instantly.

A choose has quashed a letter from Nairobi County authorities requiring KenolKobil to maneuver out of a disputed plot on the junction of Haile Selassie Avenue and Uhuru Freeway.

Justice Loice Komingoi discovered the county authorities improper in ordering the oil vendor to cease additional development on the piece of land and vacate the positioning instantly.

“In conclusion, I discover benefit on this utility. I discover that the ex-parte Applicant (KenolKobil) has made out case for assessment,” the choose stated.

The corporate moved to courtroom final yr when the county authorities issued the discover on February 13, 2020. Within the letter, the county authorities directed the corporate to stop development and transfer out instantly, but it had within the earlier yr, accepted alterations to the prevailing petrol station.

The county authorities granted the corporate the permission to make alterations on March 14, 2019 and the Kenya Nationwide Highways Authority additionally allowed the oil vendor to improve an entry street to the petrol station.

However quickly after the corporate launched into the works, the county authorities issued the discover. KenolKobil stated within the utility that Article 40 (1) of the Structure ensures the safety of the property so long as the property was acquired legally.

By means of operations supervisor Pius Kioko, the corporate stated the county authorities’s motion requiring it to go away the premises was unconstitutional.

He additional stated part 26 of the Land Registration Act 2012 offers {that a} certificates of title is to be held as conclusive proof of possession.

Mr Kioko stated in an affidavit that KenolKobil holds a sound title deed making the corporate absolutely the and indefeasible proprietor of the land.

He argued that the town county authorities did not afford it a chance to be heard, earlier than issuing the drastic orders.

The county didn’t defend the case.



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