The contentious arrest of an elderly couple in Lavington over a disputed piece of land has drawn the attention of the judiciary.
The judiciary on Monday stated that contrary to reports, no court orders had been issued on the contested property.
“The Court has set a mention date for directions on September 18, 2023. Consequently, no Court Orders have been issued in respect to the properties in question whatsoever,” said the judiciary in part.
It further gave the general public assurances that the civil suit brought before the Environment and Land Court will be decided properly.
“We remain ready to provide clarification as far as the process is concerned whenever required to protect the integrity of the proceedings,” it added.
According to the Judiciary, Malkiat Singh Assi and Munir Ahmed Chowdhary (landowner) were sued by Mahesh Kumar Bhatti and Anita Bhatti (the land occupants).
By virtue of adverse possession, the applicants requested to be recognized as joint owners of the piece of land.
Judiciary said that the court granted an order of injunction prohibiting the respondents and those associated with them from interfering with the applicant’s quiet use, and possession of the land pending a ruling.
Read: Why Elderly Couple Was Arrested in Land Dispute in Lavington
But according to the DCI, the video doing doing rounds on the internet was a sketchy depiction of the entire event.
According to the agency, Chaundri who is currently residing in the UK, filed a complaint that led to the arrest.
According to DCI, Chaundri alleged that the Bhattis had unlawfully claimed ownership of the parcel.
Chaundri claimed to have bought the land in 1977 before renting it to a construction firm connected to the accused in 1984.
“In 1987 they sold part of the land to the said TM-AM company. 3. The land was subdivided in two portions thus, LR. No. 209/7771/1 which was sold to Mahesh and Anita Bhatti and LR. No. 209/7771/2 which was retained by the complainant,” explained DCI.
“In August 2006, the late Malkiat Singh Assi visited Kenya and discussed with Mahesh about the sale of their portion of land to TM-AM (Mahesh) who rejected the offer. However, they agreed that TM-AM would build a perimeter wall covering both plots with a permanent gate for security purposes.”
According to DCI, Chaundri filed a case in February, alleging that the couple had refused to allow him access to the property.
Detectives further stated that the suspect in the case had not offered ownership records for the in question parcel of land.
“The Director of Public Prosecution after considering the above facts, directed the prosecution of Mahesh Kumar Bhatti and Anita Bhatti for the offence of forceful detainer contrary to section 91 as read with section 36 of the Penal Code. The suspects were ordered to appear before the court to answer to the above charges,” said DCI.
“Despite the unsubstantiated stories that went viral on social media, the truth is in the facts and evidence that will be presented before court in the coming days.”
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