High Court Judge, Justice Mboya Oguttu has ordered Dorcas Joan Kiptoo not to interfere with Ksh 4.6 Billion estate of a deceased businessman which is currently being managed by his son Arvind Kanji Patel.
The judge certified as urgent a case filed by Patel and directed the parties to appear before him on March 18th to converse the case.
“That an order of interim injunction to restrain Dorcas Kiptoo and two others either by themselves servants or agents acting on her behalf from entering, remain and or in any other manner whatsoever from interfering with the plaintiffs(Alvind Patel Kanji) rights over the suit property pending hearing or further directions from this court” ruled justice Mboya.
The judge ordered the suit which he certified as urgent be heard on a priority basis and gave Dorcas three days to respond to the allegations that she illegally entered into the suit property of the deceased without any color of right.
The judge further directed the OCS Karen police station to enforce the order to avert break of peace and any iota of violence.
The judge directed that the suit property should not be disposed off or other wise pending determination of the suit.
Alvind Patel has sued Dorcas Kiptoo,Chief land registrar ,Director of survey and the Attorney general as respondents.
In the evidence filed in court Alvind Kanji Patel claims that Dorcas Joan Kiptoo has forcefully taken over his 66 Acre property situated in Karen Nairobi worth Ksh 4.6B without any proof of ownership documents.
The judge was told that on Saturday March 2nd 2021, the Defendant Dorcas Kiptoo hired goons and AP Officers and forcefully entered and trespassed his Property known as L.R. Nos. 2255/1 end 2255/2 situated in Karen.
“The 1st Defendant with her hired goons chased away the Plaintiff's security guards, employees, threatened the Plaintiff's tenants, demolished structures and sheds in the suit property and subsequently started to erect and fence off the suit property with poles” read the court documents
In the application the plaintiff says that Dorcas hired goons with whom she illegally encroacied, trespassed and entered, the suit property without producing any title ni respect to the suit property.
In the suit Alvind further claim that the AP officers were present when his property was invented and his structures destroyed despite Dorcas not producing any ownership documents to give her authority to enter the parcels of land, or Court Order permitting her to enter the suit property.
The plaintiff says that he assumed the management of family estate following the death of his father Kanji Patel in 1995.
Mr. Alvind disclosed in the application documents that Dorcas told him on his face that she has orders from above to take possession of the suit property.
Mr. Alvind patel manager reported the incident at Karen police plain’s police station vide OB NO.06/2/03/2024 but the police officer who accompanied to the suit property was chased away by rowdy goons armed with machete.
The plaintiff claims that despite serving the OCS Karen police station with the court order nothing has been done.