Big win as court nullifies title in disputed Buruburu church land
It was a big win for the Trustee of Glad Tidings Church in Buruburu after a Nairobi court nullified the title deed of the disputed land.
In her ruling, Senior Resident Magistrate Elizabeth Wanjala found that one of the Trustees of the Church, Esther Mueni Mutinda,had sworn an affidavit denying ever selling the church Property to Mr. Patrick Macharia Nderitu or his company.
Mueni had also sworn that that the signature relied upon by Mr. Nderitu had been forged, an issue that was reported to the police.
Hon. Wanjala therefore set aside the April 10,2019 Consent Order effectively nullifying the title that Mr. Nderitu had acquired for the church Property.
At the same time,the Business Premises Tribunal also set aside an order that Mr. Nderitu had asserted to evict the school run on the church Property, paving the way for a peaceful learning process for the children who use the church facility.
In his documents filed in Court, Mr.Nderitu, a director of Landmerk International Properties Ltd claimed that he bought the church property for Ksh. 19,500,000 a sum he submitted was was held to be in excess of what the Senior Resident Magistrate was authorized by law to handle.
He however did not deny that he had not paid any rates to Nairobi County and that no clearance certificate had issued to him to transfer the church property to his company.
The ruling comes a month after goons stormed City Church in Nairobi’s Buruburu Phase 4 Estate and started demolishing it.
Kinderstar Primary school which is said to have a population of 300 pupils was completely destroyed.
Nairobi Governor Mike Sonko however arrived at the scene moments later accusing a prominent businessman of being behind the illegal demolitions.
The Trustee welcomed to court decision and thanked Nairobi Governor Mike Sonko for rescuing church property and helping them.
On his part, Nairobi Governor also thanked the court for giving back the property to the church further putting on notice land grabbers in Nairobi County.
“I will defend the widows, the poor and the rich from land grabbers”, said Governor Sonko.
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