Greenspan estate linked group wins Sh1 billion land case
A group that is linked to developers of the Greenspan estate has won a 10-year court battle for ownership of land in Donholm valued at over Sh1 billion. The Environment and Land court has ruled that the Sauti Sacco Society Limited is the owner of the parcel of land 82/4264, a block from which a portion was hived and sold to Greenspan Developers Limited.Justice Kossy Bor ruled that the suit property was private land and ceased to exist when it was subdivided into two blocks, noting that Alfajiri Self Help Group cannot lay claim to private property it never owned.The Judge added that the City Council lacked power to allocate Alfajiri Self Help Group the private plot. Sauti Sacco Society in 2007 subdivided the land, LR NAIROBI/BLOCK 82/4264, into two blocks where it sold to Greenspan Developers Limited a portion measuring 50 acres and kept 30 acres.But Alfajiri moved to court laying claim to this block and seeking that all structures be removed.“The suit property was not public land and the city council of Nairobi could not have allocated it to the plaintiff (Alfajiri) since it was private land,” noted the judge.“The plaintiffs have failed to prove their case. The suit is dismissed,” ordered the Judge.The judge noted that the land was prior to Sauti Sacco owned by Continental developers, and therefore at no time did Alfajiri take ownership of the land.
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The judge however declined to order Alfajiri to foot the legal cost incurred by the sauti Sacco noting that the organization engages in helping people living with HIV AIDsAlfajiri claimed that the land was public and it applied and was allocated by the city council.But in its defence, Sauti Sacco argued that Alfajiri had in 2013 also filed a petition with the National Land Commission (NLC) over the same land.