Elderly couple in Lavington land saga released without charges

By , K24 Digital
On Mon, 21 Aug, 2023 15:27 | 3 mins read
Elderly couple in Lavington land saga released without charges
Elderly man arrested in Lavington over property dispute. PHOTO/Courtesy

The alleged owners of the multi-billion Lavington property allegedly grabbed by a couple have accused the DPP and the DCI of failing to prosecute them.

Speaking from a UK-based hospital Munir Ahmed Chowdhary expressed disgust and shock why the businessman Mahesh Kumar Bhatti and his wife Anita Bhatti did not take a plea before Milimani Chief Magistrate Lucas Onyina before whom they appeared on Monday, August 21, 2023.

The couple had been arraigned in court at around 9:00 am but no charges were preferred against them.

The couple were hurriedly whisked away from the courtroom leaving the complainant's lawyer Moses Mabeya and his property agent Bashir Abdulrehmar stranded and in utter shock.

"We are at a loss as to what is happening. We had been informed by the investigating officer that the suspects will be charged today at the Milimani Law Courts," lawyer Mabeya said while addressing court journalist

"Add true to the Investigating officers' word the suspects were produced before the court but they were not charged and mysteriously walked away from the seat of justice," he added.

Bashir expressed shock at the turn of events since they had been assured by DPP and DCI that the trespassers into the property which is subject to a High Court will be charged.

According to Bashir, Munir and his former business associate, the late Malkiat Singh Assi are the genuine owners of the property which they bought and developed over 50 years ago.

The agents claim that the real owners of the property acquired it in 1977.

In a video recorded by the hospitalized proprietor of the suit property and presented to the DCI and the DPP, Munir categorically confirmed he has the title to the property and therefore the legal owner.

He goes on to state he acquired the property in 1977 together with his late partner Assi and developed it for two years completing it in 1979 then leased it out to a client.

He says he has been receiving rent to date and that the couple is an intruder on his property.

"Justice must take its caused, the property is mine and my late partner Assi whose shares have been on to his surviving wife and the grabbers must face the full force of law," Munir stated from the UK.

Munir together with his wife are currently ailing and undergoing treatment abroad.

The alleged grabbers who were arrested by police over alleged grabbing have filed a high court cause seeking to be declared the legal owners of the property in question.

In pleading pending before Milimani Environment and Land Court, Bhatti and his wife claim they are the legitimate owners of the land having occupied the same for 27 years.

"We have obtained exclusive possession of the suit property since 1996 to date. We have continuous, actual, open and peacefully lived on the suit property uninterrupted for about 27 years," the couple said in the High Court case.

The couple is urging the court to be declared joint owners of the suit property reasons of adverse possession.

They also seek orders restraining Munir and his agents from claiming possession of the suit property.

According to the couple, on March 1, 2023, persons posing as agents of Munir together with police officers from DCI claimed ownership of the suit property and demanded to be allowed access to the said property.

But Munir's agent and his lawyer Mabeya are saying if the couple is the legal owners let them face their accusers in court and then prove ownership of the suit property.

Following, their exit from court without answering any criminal charges now the complainant is left at crossroads.

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