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Court orders coffee farm to amend papers in dispute over access to Kiambu Road

Court orders coffee farm to amend papers in dispute over access to Kiambu Road

A coffee farm in Kiambu has been asked by the court to update its papers to
reflect its assertion that the road is legitimate in a legal battle with the
family of late millionaire Gerishon Kirima over the lack of a road to its land.

Justice Samuel Okongo granted the farm, Fairview Estate Limited, permission to
modify the court papers to show that the disputed road exists and is registered
with the Lands office.

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“I am confident that the proposed change will enable this court to effectively and
completely adjudicate and resolve all issues in dispute in this case.”
“I am not convinced that the proposed alteration will prejudice or create
any injustice to the administrators of Gerishon Kirima’s estate,” the
judge
said.

The coffee farm has been given permission to amend the
complaint to incorporate the registered easement and the right of way created.

It states that the road exists and is documented in
the Lands records. The road gives access to its land from the main Kiambu
Road, according to documents at the Lands Office.

In April 2016, the company and two administrators of
the late tycoon’s assets began a legal battle over the road.

The farm claimed that the administrators, Anne Wangari
Kirima and Teresiah Wairimu, had denied access to Kiambu Road through land parcels
it had used for over 38 years.

It claimed that the administrators’ actions were
illegal, overbearing, and done in bad faith.

In 1982, the late Kirima presented to the Director of
Surveys a plan for subdividing a plot of property known as Plot No. 79/1, which
was accepted and authenticated.

According to the company, the late Kirima constructed
a public road from the company to Kiambu road. According to the company, the
path is shown on the survey plan.

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