The widow of late businessman Jacob Juma has lost bid to block her eviction from a contested Sh1.3 billion property in Loresho, Nairobi.
Court of Appeal judges Patrick Kiage, Abida Ali Aroni and Lydia Achode dismissed the application by Miriam Juma saying they were not persuaded that her appeal will be rendered useless if the orders blocking her eviction are not granted.
In the judgment delivered on Friday, the judges noted that Juma has been in possession of the property for the last 15 years and counting, a position that has not changed despite the win by Ashok Rupshi Shah.
They termed as lackluster her long delay in bringing the application and failing to file a response to an application seeking the eviction order.
The judges added that depending on how the investigations pan out, Juma will have an equal chance to present her case before the DCI.
They said the investigations seek to uncover the truth, which will in any event, be for the best interest of all parties and may assist to bring the long standing matter to rest.
"From the analysis, the applicant has failed to demonstrate the second of the twin principles. As such, the application is dismissed," the judges ruled.
Juma had sued Shah and Hiten Kumar over the ownership of the disputed land.
The land is equally claimed by a former provincial commissioner, Davis Nathan Chelogoi who is still battling another court case over ownership of the land.
In July, 2022, Justice Loise Komingoi of the Environment and Land court ruled that Juma, who died in May, 2016, obtained documents to the 18.25-acre land unprocedurally.
The judge ordered the cancellation of the ownership documents and directed his widow to compensate Shah and Kumar Sh50 million as damages for trespass and for denying the real owners the right to enjoy their property.
Chelogoi later sought to quash the decision arguing that he was condemned unheard but his application to reopen the case was rejected.
Shah and Kumar moved to court in 2009 arguing that the late Juma unprocedurally aquired the land, fenced it and built security houses to deny them access.
The widow said the property was registered in the names of her late husband in an allotment letter dated March 1, 1992, and a grant registered on August 16, 1994.
She said Juma was in occupation of the property and had constructed structures only for Shah and Kumar to move to court seeking the cancellation of the documents.
Juma further stated that the grant given to the persons claiming the land was issued on December 1, 1994, and first registered in the name of Liney Company Limited on December 5, 1994, and the two grants bear identical deed plans.
She said the judge was wrong in finding no fault in the letter of allotment to Liney Company Limited whose stamp premium was paid for on November 20, 1994- about 20 months late - and for holding that the suit property was irregularly allotted to Juma, without proof of fraud.
In his defence, Shah told the court that there was another case filed by Chelogoi that ordered for status quo to be maintained, pending determination of ownership of the land.
Ashok maintained that he and Hiten Kumar are the rightful owners of the disputed property.
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