A man who resides in the United Kingdom and his aunt are locked in a court battle over land situated in Uthiru, Nairobi.
The man, Raoul Emanuel Muchene, says his aunt Racheal Nduta Mwaura is out to fraudulently acquire his father’s land illegally.
He now wants the woman evicted from the property, saying she has no proprietary right over the land hence should surrender it.
Raoul says that his grandfather Caxton Mukiri Muchene was survived by five children, including his father.
He adds that the family homestead was built on the disputed land and given to his late father in accordance with the customary law which he alleged required that the first son inherits the family homestead.
He further claims that when his aunt returned home with her children after separating from her husband, they allowed her to occupy the homestead since she had no other accommodation.
“The late grandfather in agreement with the family allowed her back into the property to temporarily stay there as she prepared to develop her share from the family property,” Raoul said in court papers.
He says that they easily allowed her back into the property since they lived and worked in the UK and had no immediate plans to develop it.
The court heard that when Raoul’s father retired from the UK and came back to the country to develop a home for his family on the property, he was surprised when the woman declined to surrender it.
“The plaintiff’s effort to recover their property and develop the same have hit a snag with the defendants refusal to vacate the same, even though the defendants continued to reap the benefits of her own property which she developed while sitting on and refusing to vacate the plaintiff’s property,” reads court papers.
In her testimony before the court, the woman said she returned home as a daughter and has a right to own the said property.
She told the court that she is staying in the home because her late father told her to stay there after she separated with her husband in 1980. She says that she is keeping the land as a customary trust.