WHAT ARE THE LEGAL FACTS IN THE NDEEBA CHURCH DEMOLITION.
The topic in point is a sensitive one given the fact it involves the house of the Lord but before we point fingers and curse on the same let get some facts on the demolition of the same.
The case before court on the church land was brought by the administrators of the late Evelyn Nachwa the purported land owner from which the church trustees claim to have received ownership of the land.
THEN WHAT WENT WRONG???
The administrators of the said estate claim that the late Nachwa never at one point in life transfer the said land to the church and evidence on record shows that while the late Nachwa was still in possession of the duplicate certificate of title, in 1980 the same title was issued a special title to three gentlemen purporting that the duplicate certificate of title was lost which was utterly false.
The three gentlemen under whose name the special title was issued are deceased but their administrators were sued accordingly.
To my surprise all the three administrators to the said men denied ever having any interest or claim in the church land. They further asserted that the signatures of their people as they appear on the special title were forged by unknown person who used the names of the three men without their knowledge.
This can only mean that the said church still belongs to the estate of the late Nachwa Evelyn and any other title to the same in the hands of the church is void.
POSITION OF THE LAW
The Registration of Titles Act requires that where a certificate of title was fraudulently issued to any person, the same should be cancelled and another title be issued to the rightful owners. The power to cancel titles is vested in courts. In the instant case, the court exercised it’s powers and cancelled the title of the church on proven findings that the same was issued fraudulently. It further ordered that the plaintiffs take back the land and be granted vacant possession which led to the demolition of the church.
THE RULES OF NATURAL JUSTICE.
First I will address people who donate land to churches/mosques, to protect this act of kindness please always endeavor to have the process of donation legalised to save the world from such cases in the future. Per this case, probably the late Nachwa gave the church the land but again she never transferred the same to the church leaving it the mercy of the administrators of her estate.
Natural justice would require that the land owners and the church would atleast have come to an agreement that would have saved the church from demolition. Among the things they would agree on would be for the church to buy it’s interest in the land in installments or better still for the public good, the land owners would justly have allowed the church to keep that piece of land where the church sits.
If we all go back and embrace HUMANITY, the world would be a better place ?
Source:
This Article was picked up on a facebook page of Sandra Namundu
