By Lilian Otieno
An application by a businessman seeking to kick out a 60 year old woman from her parcel of land in Kariobangi South within Nairobi County has been dismissed by the Milimani commercial court.
Senior Principal Magistrate Mary Obura found that the application by Charles Mbugua Gathuru lacks merit.
While delivering her ruling she said there was no evidence by way of tittle deed presented by Gathuru to demonstrate that Sabina Gwaro Mandere was sitting on his property…
The businessman claimed to have been allocated the property by Nairobi County Government in 2015 whereas Sabina says she has been on the parcel of land since 1980.
The court declared that Gathuru had no right to claim the suit property without providing evidence.
Sabina through her lawyer Evans Ondieki urged the magistrate to dismiss Gathuru’s application for being an abuse of the court process.
Ondieki told the court that the applicant has a similar application pending before the high court which has not been disclosed in the proceedings.
The court made a finding that the businessman’s application was not within the law and proceeded to dismiss it with costs to the defendant.