Squatters from Mombasa have petitioned Mombasa High court to provide them with conservatory orders restraining Ellen Properties limited and its agents from demolishing and evicting them from a 20-acre piece of land, they claim belongs to them.
This comes as a 65 years old widow through her late husband company Ellen Properties limited went to court to reclaim her 3-acre piece of land in Utange, Mombasa County from 200 squatters whom she evicted in 2020.
The firm through its advocates claimed that the two petitioners Etore Akaran and Denis Maitha, all representing more than 200 squatters from the area, were using illegal means to abuse the court process by filing many but similar petitions against them.
However, Justice Naikun, derailed an attempt by a local properties management firm to deny a group of squatters their constitutional rights to seek justice through a judicial process.
The judge, who had summoned lawyers representing both parties for an open court session, was forced to intervene at one point after the firm’s lawyer Okanga Omondi and one of the petitioners resorted to a heated exchange.
The heated exchange began when the petitioner Etore Akaran who was representing the squatters was accused by respondents advocate Okanga Omondi representing Ellen Properties limited of filing 11 suits in the same court which he said was the abuse of judicial systems.
The petitioner Etore Akaran accused the case respondents Ellen Properties limited and its agents of using excessive force during the eviction where one squatter was killed by hired goons.
Justice Naikun finally directed the firm’s lawyer to submit their application seeking for the consolidation of five petitions already before the court concerning the land within 14 days. The Case will be mentioned for hearing on 31st January 2022.