0
0
City lawyer Danstan Omari alongside Martina Swiga have file an application under certificate of urgency before the high court on behalf of the residents of Mihang’o, Njiru and Chokaa seeking to stop the orders of justice Samson Okong’o requiring them to vacate the over 1000 acres of land located in Embakasi.
Through their chairperson John Orora and and 299 others,the aggrieved residents wants the court to issue a stay order of execution of the judgement of Justice Okong’o issued on 23rd October 2023 in Kisumu saying that documents that were used to determine that case were not genuine.
According lawyer Danstan Omari and Martina Swiga who addressed the media at Milimani law court on behalf of the residents,they wants the court to hear the matter on a priority basis on grounds that the residents are required to vacate the area by December 31st, 2023.
The lawyers insist that, the trial court was not given the right material and dealt with irrelevant parties for it to arrive at the decision that the residents must vacate the land. They say in court document that the Kirima family does not hold title to the suit property & the applicant have petitioned the National Land commission to produce the title and the right documents.
They have also written a letter to the Director of Criminal Investigation to investigate the documents held by the Kirima family. The lawyers further says that the Kirima family does not appear anywhere in that land history.
The applicant says they have been in the occupation of that land for 40-50 years. The lawyers further said that there is pending succession matter on the Kirima family that is coming up in court on 11th November,2023, saying that there is no rightful owner of the disputed parcel of land from the Kirimq family.
In the matter ,residents have sued Teresita Kirima, Anne Kirima, and 1310 others. The property in dispute believed to be owned by Italian National Domenico De Masi(deceased)
The residents have sued Teresita Kirima, Anne Kirima, and 1310 others. The property in dispute believed to be owned by Italian National Domenico De Masi(deceased)
October 2023 in Kisumu saying that if orders will not be issued on time they are going to suffer through demolition of the properties.
They through their lawyers led by Danstan Omari,the residents wants the court to hear the matter on a priority basis on grounds that the residents are required to vacate the area by December 31st, 2023.
According to the defence lawyers , the trial court was not given the right material and dealt with irrelevant parties for it to arrive at the decision that the residents must vacate the land.
They insist that some of the documents filed in court shows that the Kirima family does not hold title to the suit and now they want the National Land commission to produce the title and the right documents.
They have also written a letter to the Director of Criminal Investigation to investigate the documents held by the Kirima family. The lawyers further says that the Kirima family does not appear anywhere in that land history.
The applicant says they have been in the occupation of that land for 40-50 years. The lawyers further said that there is pending succession matter on the Kirima family that is coming up in court on 11th November,2023, saying that there is no rightful owner of the disputed parcel of land from the Kirimq family.
