Nairobi businessman Abdiweli Aden Duntow has been sued over the ownership of a prime property in Eastleigh.
Abdiweli was sued by three administrators of separate estates which lay claim as registered owners of the land in question identified in court documents as LR No. 36/VII/344 Eastleigh.
The three filed the suit jointly at the Milimani Environment and Land Court in which they listed Abdiweli as the first respondent while the Nairobi City County government and the Chief Lands Registrar are the second and third respondents respectively.
“That the estates of the registered proprietors are at risk of suffering heavy loss and damages if the court does not issue an injunctive order stopping the processing or issuance of the Title number Nairobi block 50/627 and/or interfering with the plaintiff’s building and structures erected on title number Nairobi block 50/627 (formerly LR No. 36/VII/344 Eastleigh),” they stated in their application.
According to the court documents, the property is jointly owned by administrators of Estates of Esther Nungari Kuhuithia, Estate of Gakuya Waweru, and Estate of Peninah Warura Mwangi, all deceased but represented by James Godfrey Wachira, David Waweru Gakuya, and David Mburu Mwangi respectively.
The plaintiffs accuse Duntow of conspiring to fraudulently acquire the property by falsifying documents, forging land rates payment documents at the Nairobi City county, conspiring by unknown people to evict tenants of the plaintiffs, and planning to demolish rental development units on the disputed parcel of land.
The presiding judge at the Environment Court Justice Oscar has issued orders barring Abdiweli, the Nairobi county government, and the Chief Lands Registrar from entering the property pending the hearing of the case.
The application is listed for hearing on July 25.
In his affidavit, David Waweru Gakuya, the administrator of the Estate of Gakuya Waweru said “On or about July 10, 2023, I made a rates bill inquiry to the Nairobi City County rates of the department and was shocked to learn that Abdiweli Aden Duntow, the first defendant who is a stranger to the estate of the deceased had fraudulently caused his names to be entered as the owner of the suit property in the rates department of the second defendant (Nairobi City County).”
The suit property or title number L.R No. 36/VII/344 which has since been allegedly been converted to Nairobi Block 50/627.
They accused the respondents of irregularly converting the ownership of the land, according to an affidavit filed by the third plaintiff who is the administrator of the estate of Penina Mwangi.
“I together with the 1st and 2nd plaintiffs were informed by our tenants that the 1st defendant (Abdiweli Aden Duntow) or his agents had come to the property and informed them to vacate as he had purchased the property and he wanted them to move out so that he could demolish the building,” the affidavit states in part.
They said they were shocked at how the transfer process was done without their involvement yet they are registered owners of the property.
