Westlands couple in court seeking title deed of demolished property, Ksh.560M compensation

A couple whose house was demolished in Westlands, Nairobi last year has moved to court seeking to have a title deed held by a company claiming to own the property canceled.

Mr. Niraj Shah and his wife Avani claim that the document was obtained fraudulently adding that the property belonged to his late father- Batuk Shah, after purchasing it from Phyllis Mcekan on or about October 1976.

“An order in the nature of a mandatory injunction compelling the 3rd respondent (Chief Land Registrar) to cancel or revoke the 1st defendants (Lariak Properties) title issued on 1st July 201 in respect of property known as L.R.No.1870/111/46, situated on School Lane, Westlands,” reads the application.

It is their claim that the title deed issued to Lariak Properties Ltd on July 1, 2010, is illegal.

The Asian couple was evicted from the property on School Lane in Westlands area on November 4, last year, and the house demolished.

Zachary Baraza, an auctioneer, said the owner of the property had obtained a court order from a Nairobi court on October 18, 2022, for the eviction of the couple.

Baraza was charged in court and pleaded not guilty and has obtained court orders stopping the court from punishing him over contempt of court.

He alleges that after acquiring the property in 1976, his father charged it to a bank for a loan of Ksh.180,000.

At the expiry of the lease, Shah allegedly sought for an extension from 1998 for a period of 50 years, an application that was granted.

Shah alleges that all was well for them until November 4, last year when goons descended on the property and forcibly evicted them, and the house demolished.

The couple is also seeking special damages of more than Ksh.560 million for the alleged illegal eviction.