A property company has been allowed to proceed with the purchase of a contested parcel of land in Athi River, Machakos County, owned by East African Portland Cement Company Ltd.
The cement firm was appealing a High Court decision which had extended the period for it to conclude a land transaction with Superior Homes Ltd, which was represented by lawyer Philip Nyachoti.
The appellate court upheld the High Court decision saying that Portland was not acting in good faith in the transaction which it eventually terminated.
Court of Appeal Judges Philip Waki, Roselyne Nambuye, and Patrick Kiage found that Portland failed to disclose to Superior, before consent was entered, that the land in question was among the parcels of land the government had expressed and intention to acquire.
The Ndung’u Land Commission Report had also recommended revocation of the title.
The Court of Appeal in its ruling last Friday, upheld this position – extension by 120 days the completion period for the agreement between the two companies – but instead stated that the 120 days shall commence from September 22.