The Mountain Journal
The High Court has issued an eviction order after the management of the land company proved ownership against families that have settled in Harvest areas since 2013..
The court issued an eviction order on the illegal occupants within the Harvest Land Investment located in Ithanga sub county, in Murang’a county.
The judgment described the peoples as illegal occupants in the 64 acres of land indicating the company had proved ownership.
Murang’a Environment and Land Court Judge Lucy Nyambura ordered that the defendants move out of the suit land, imposing a permanent injunction restraining them from the suit property as it dismissed their counterclaim.
In the suit lodged four years ago, management of Kihiu Mwiri led by Pharis Mwangi Njoroge sought for an order to evict the unauthorized occupants on their land.
In the court documents, 10 landowners led by Mary Gathoni Kung’u and George Kihoi opposed the move to evict them from the suit land.
Nyambura on September 23, ruled that after analyzing the evidence found Kihiu Mwiri company had proved its cases against the 10 defendants on the ownership of the 64 hectares of land.
“Consequently, this court finds and holds that the Plaintiff’s claim against the Defendants herein is merited” ruled the judge.
During the proceedings, management of Kihiu Mwiri avered that Gathoni and Kihoi have been living in the land since 2013 and encroached into a private property.
Mwangi the chairman at Kihiu Mwiri land testified that those residing in the land entered without authority of the company.
“ Those occupying the land are blocking the exercise of subdividing the said land .I plead with the court to grant an order of eviction against the families,” said Mwangi.
Kihio counterclaim that was dismissed by the court indicated that Kihiu Mwiri Farmers limited had approved the sale of part of the suit land to him, and certificates of ownership were processed and issued to him and therefore.
“ The company cannot claim that I have encroached the land,” Kihoi had told the court.
In the proceedings, the families contended that Kihiu Mwiri’s land parcel LR. No. 9214/7, was sold to Harvest Land Investments Limited, who in turn subdivided it into smaller portions.
The portions were later sold to individual purchasers including the families in court who have built homes.
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