A win for Grand Mullah’s client as former Limuru MP George Nyanja kicked out of his 1.8-acre parcel of land along Ngong Road

Former Limuru MP George Nyanja has failed to convince appellate court to reverse a decision requiring him to vacate a 1.8-acre parcel of land along Ngong Road he claimed to have bought 35 years ago.

A bench of three judges refused to revise their decision saying they would not sit in a judgment attempting “to second-guess or grade themselves in accordance with the MP’s proposed marking scheme”.

Justices Asike Makhandia, Patrick Kiage and Sankale ole Kantai dismissed claims of bias and said the application was a “strained stretching of facts into tortuous contortions in an attempt to make a case for review”.

“We therefore state without equivocation that on every single issue raised by Nyanja, our decision thereon, much as it may pique and grieve him, was well-considered, well-reasoned and well-justified,” the Judges said.

Last year, the former MP lost the multimillion-shilling property after the court faulted him for breaching an agreement he signed with the owner, Mohammed Jawayd Iqbal in 1985. The three judges also ordered Mr Nyanja to pay the estate of Mr Iqbal, damages and rent he has collected on the property for the three decades.

The appellate court judges faulted Justice Kossy Bor of the Environment and Land court in her finding that Mr Nyanja had paid the balance of the agreed amount, hence the property should be transferred to him.

Mr Iqbal through senior counsel Ahmednassir Abdullahi accused Mr Nyanja of breach of an agreement entered in 1985.

The court agreed saying Mr Nyanja failed to prove that he paid the balance of the agreed amount as alleged. “As we have pointed out, the onus to prove payment of Kshs500,000 in cash to the deceased lay on Nyanja. We are un-persuaded that he discharged it,” the Judges said.

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