{"id":920215,"date":"2022-01-28T07:30:04","date_gmt":"2022-01-28T07:30:04","guid":{"rendered":"https:\/\/www.ghanamma.com\/news\/2022\/01\/28\/woman-defends-fathers-ownership-of-sh40m-plot-in-37-year-old-land-tussle\/"},"modified":"2022-01-28T07:30:04","modified_gmt":"2022-01-28T07:30:04","slug":"woman-defends-fathers-ownership-of-sh40m-plot-in-37-year-old-land-tussle","status":"publish","type":"post","link":"https:\/\/www.ghanamma.com\/2022\/01\/28\/woman-defends-fathers-ownership-of-sh40m-plot-in-37-year-old-land-tussle\/","title":{"rendered":"Woman defends father’s ownership of Sh40m plot in 37-year-old land tussle"},"content":{"rendered":"

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Teresia Wangari, daughter of the late businessman Gachoka Kahawa, says her father was the legal owner of the prime property.<\/strong> [Courtesy]\n<\/p>\n<\/figcaption><\/figure>\n

A family is fighting to retain ownership of a Sh40 million prime plot\u00a0in Nakuru Town that is being claimed by two other families.\n<\/p>\n

Teresia Wangari, daughter of late Nakuru businessman Gachoka Kahawa, said they are the legal owners of the property. <\/p>\n

Gachoka’s family and the families of late Florence Nduta and Florence Wambui have been fighting over the plot, formerly a charcoal storage space, for 37 years.\n<\/p>\n

Wangari testified on Wednesday before the Environment and Land Court in Nakuru (ELC) judge Njoroge Mwangi.<\/p>\n

This was after mediation talks directed by the court in July, last year, collapsed in August after two sessions.\n<\/p>\n

Wangari said her father was the legal owner of the 0.23-acre prime property within Nakuru Town after he took possession in 1992.\n<\/p>\n

Wangari is fighting off Nduta and Wambui\u2019s sons, Samuel Ndungu and Wilson Mwathi respectively. <\/p>\n

\u201cI am the owner of the plot acquired by my father before he died. We bought the plot and we are in possession of the title deed,\u201d testified Wangari.\n<\/p>\n

She said that when her father bought the plot, Nduta and Wambui were occupying it.\n<\/p>\n

She accused the two of refusing to vacate the plot even after they were given notice by the former Nakuru Municipal Council.<\/p>\n

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A section Nakuru City, December 29, 2020.<\/strong> [Courtesy]\n<\/p>\n<\/figcaption><\/figure>\n<\/p>\n

Wangari noted that there are structures, including houses and shops, on the plot. <\/p>\n

She wants the court to declare her the legal owner.\n<\/p>\n

In cross-examination, Wangari failed to explain why she has not been able to evict the families occupying the land for the last 30 years.\n<\/p>\n

Nakuru Municipal Council first allocated the plot to Nduta and Wambui for construction of a charcoal store in 1985.\n<\/p>\n

The family constructed their home, rental houses and shops and the property is now estimated to be worth over Sh40 million.\n<\/p>\n

However, on November 10, 1992, Gachoka\u2019s family obtained an order to evict Nduta and Wambui as their allocation had been revoked.\n<\/p>\n

Aggrieved, Nduta and Wambui sued the municipal council in 1992 but the case has never proceeded as the court file \u2018went missing\u2019.\n<\/p>\n

In 2014, Wangari sued Nduta and Wambui for refusing to vacate the plot and on May 22, 2019, she won the case since the defendants did not make appearance.\n<\/p>\n

The court ordered Wambui and Nduta\u2019s family to vacate the plot within 40 days or be evicted.\n<\/p>\n

However, on July 16, 2019, Ndung\u2019u and Mwathi told the court that Wangari obtained judgment deceitful because she had unlawfully sued a dead person (Nduta).\n<\/p>\n

\u201cWangari filed her case in 2014 and purported to have served Nduta who died on August 16, 2004,” read the application.\n<\/p>\n

They said they did not know the 2014 application proceeded to verdict, until a day to eviction when Mwathi saw vehicles camping outside the plot.\n<\/p>\n

On December 13, 2019, the court set aside its May 22, 2019, judgment, declared it null and void and ordered a retrial.\n<\/p>\n

The case will proceed on March 1.\n<\/p>\n<\/div>\n

Source: The Standard Media Kenya<\/a> <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Teresia Wangari, daughter of the late businessman Gachoka Kahawa, says her father was the legal owner of the prime property. [Courtesy] A family is fighting to retain ownership of a Sh40 million prime plot\u00a0in Nakuru Town that is being claimed by two other families. Teresia Wangari, daughter of late Nakuru businessman Gachoka Kahawa, said they […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[55],"tags":[],"class_list":["post-920215","post","type-post","status-publish","format-standard","category-headlines"],"_links":{"self":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/posts\/920215","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/comments?post=920215"}],"version-history":[{"count":0,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/posts\/920215\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/media?parent=920215"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/categories?post=920215"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/tags?post=920215"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}