Patterson Investment Limited faces legal action from Pearl Homes Management Limited, Gibson Kanyi, and James Mulela Mweu, who assert that a segment of the construction site is within a public road reserve.
Environmental and Land Court Justice Jacqueline Mogeni issued a temporary injunction, directing the developer to cease construction on 216 apartments in Westlands along Rhapta Road until the case concludes.
Justice Mogeni expressed, “After careful consideration, I believe it is preferable to protect and uphold the status quo for greater justice than to allow the status quo to be upset by denying the interlocutory injunction and then determine, upon hearing the application, that a greater injustice has occurred.”
The property owner, apprehensive about potential losses of up to Kshs 1.7 billion, contends that the Environment and Land Court lacks jurisdiction over the matter.
In an affidavit, Mr. Amip Patel, a party to the case, asserted that the dispute centers on the boundary, a matter to be determined by the Director of Survey according to the Land Registration Act. Section 18 (2) of the Land Registered Act (LRA) specifies, “The court shall not entertain any action or other proceedings relating to a dispute as to the boundaries of registered land unless the boundaries have been determined in accordance with this section.”
Notwithstanding, Kenyan law permits the resolution of boundary disputes through mediation, Alternative Dispute Resolution (ADR), primarily arbitration and litigation.
Affected parties can apply to the land registry or the court to legally determine and enforce the boundary. A surveyor or lawyer is engaged to provide expert evidence, following which the court assesses arguments, factual evidence, and relevant laws to arrive at a resolution.
