In a major legal battle involving a prime piece of land in Parklands, Nairobi, city tycoon Ramji Manji Shamji has been found to have unlawfully acquired the title deed for the property.
Justice Christine Ochieng of the Environment and Lands Court ruled that Shamji used forged documents and deceptive practices to take possession of the land originally allocated to the late businessman Rajanikant Nathoobhai Shah in 1983.
The case, brought to court by the estate of the late Shah, represented by Arvinlal Nathoo Shah, accused Shamji and his associate Paul Githaiga Ng’ang’a of fraudulently obtaining the title deed.
The court found that Shamji had employed deceptive practices to illegally gain control of the land, which was allocated to Shah decades earlier.
This ruling followed years of legal wrangling and intense arguments over the rightful ownership of the property.
The crux of the case rested on the fraudulent actions taken in 2001, when Shamji and Ng’ang’a allegedly used forged documents to claim ownership of the land.
According to the estate’s representative, Shah had been in possession of the land since 1983, and his title deed had never been canceled.
Rajnikant Shah, who testified in court, provided substantial evidence to support his claim.
He produced key documents including a Letter of Allotment, a receipt for fees paid in 1992, and a Grant dated December 6, 1983, which proved his rightful ownership of the property.
Shah further explained that his title deed was still valid and that Shamji’s title deed, which was issued in 2001, was fraudulent.
Shah argued that Shamji’s title contained a Deed Plan that was copied from his own, stating that two title deeds cannot share the same Deed Plan.
He maintained that Shamji’s claim to the land was baseless and lacked legal standing, as his original documents remained in his possession.
Shamji and Ng’ang’a defended their acquisition of the land, claiming that they had followed proper procedures and had obtained the necessary approvals.
They argued that Shamji had significantly developed the land and that their title to the property was legitimate.
However, their defense was weakened when Edward Nthuli, a key figure in the case, denied ever owning the land or authorizing its sale to Ng’ang’a.
Nthuli testified that the entire transaction involving the land transfer to Shamji was executed without his consent, further casting doubt on the legitimacy of Shamji’s claim.
After a thorough review of the evidence, Justice Ochieng ruled in favor of the Shah family and ordered the Lands Registrar to cancel the fraudulent title deed held by Shamji.
The court found that the title was obtained through fraudulent means and that the rightful ownership of the property remained with the Shah family.
The ruling marks a big victory for the Shah estate in their decade-long battle for justice.
The court’s decision also sets a precedent in cases of fraudulent land acquisition in Kenya, highlighting the importance of upholding property rights and ensuring that legal processes are followed.
The focus now shifts to ensuring that the court’s ruling is enforced and that the Shah family’s rightful ownership of the Parklands property is restored.
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