By Chris Ojow
The plaintiff who is emotionally
disturbed , Raoul Emanuel Muchene is
alleging that the defendant his Aunt
Rachael Nduta Mwaura unlawfully and
intentionally grabbed a portion of the
land he was given by his late father .
Muchene alleged that their Aunty who
separated with her husband took
advantage of his absence while he was
away in United Kingdom and allegedly
took over his asset without consulting
him.
Raoul through his Kenyan Constitutional
lawyers Danstan Omari and Omayio
Arang’a informed the Court during the
proceedings , that the plaintiff is the
owner of the disputed land and the land
legally is registered under his name .
The prime land at the center of dispute
is located at Uthiru township within
Dagoretti .
Muchene found himself on the wrong side
of the law when he confronted his aunt ,
Nduta , demanding for his piece of
grabbed land given to him by his late
father , only to be surprised when he
was served with court documents by his
aunt , demanding he attend the court,
over the issue, which was filed before
Milimani Chief Magistrate Court , where
the Civil case was dismissed.
The defendant on her part , alleged that
the disputed piece of land was donated
to her by her late brother , but she
lacked documents to prove that the land
in question belonged to her.
The defendant alleged that she separated
with her husband over thirty five years
ago and went back home where she was
allocated a piece of land , an
allegation which lacked documentary
evidence.
The victim Raoul Emanuel Muchene
through his lawyers alleged that his
effort to recover his rightful owned
land was at times met with full force of
hired goons who threatened him .
During the proceedings before Justice
Ogutu Mboya the plaintiff through his
Constitutional lawyers Danstan Omari
and Omayio Arang’a discovered that the
defendant Nduta had no legal
documents to occupy the first estate
of the plaintiff late father.
Raoul Emanuel Muchene Lawyers while
cross examining the defendant Rachael
Nduta Mwaura , the defendant informed
the court that she has no written
agreement before court granting her
occupation of her matrimonial home.
The plaintiff and the defendant has 21
days to serve their written submission
and also file in court as the Court to
issue directions on Tuesday September
27th year 2022.
As issues of family inheritance
dominated the proceedings , no
documentary evidence as prove was
produced before the court by the
defendant to back up her allegations.
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