The Supreme Court has ruled that the Department of Defence did not legally acquire 83 acres of land belonging to Nairobi County.
Blow to the Department Of Defence after the Supreme Court ruled that they did not acquire 83 acres of land belonging to Nairobi County legally.
The court in its finding ruled that although DOD proved that it has been in exclusive occupation of the land situated in Embakasi, Nairobi County from 1986 to date but failed to prove that it had acquired valid title to the suit property.
“In view of the foregoing, the appellant was not an innocent purchaser for value without notice, entitled to orders for restoration or compensation,” reads the decision by the Supreme Court.
Further, the court noted that the property remains vested in Nairobi County which is the legal successor to the defunct Nairobi City Council.
“By the same token, there being no evidence on record to the contrary, we find that the defunct Nairobi City Council acquired valid title to the Suit Property from Kayole Estates Ltd through purchase,” read the court papers.
The apex court said that the Commissioner of Lands lacked the authority to allocate the disputed land to Renton Company Ltd.
In 2011 the High Court ordered the government to either surrender the land to Torino Enterprises Ltd or pay for it.
