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Swenani
#11 Posted : Monday, February 27, 2017 11:54:45 AM
Rank: User

Joined: 8/15/2013
Posts: 13,237
Location: Vacuum
TSi wrote:
Another quick question:
Scenario: You own a plot that is disputed due to double allocation. It happens the other "owner" has built 3 double roomed stone houses for rent on one side of the plot and has tenants living there. You "Real owner" come & fence the plot and put a gate. You also go ahead and put up 3 double room stone houses for rent. You also put building materials on the space that is left of the plot. You then let out the units. One night thugs are sent to the property by the "other owner" and chase away your tenants and remove doors and windows & take them aways. All this while there is a court case that has been ongoing albeit very very slowly (more than 13yrs).
Question:
1. Do you rebuild?
2. If you rebuild how do you get to inspire the confidence of the tenants
3.Do you chase away the other guy's tenants
4. If so what technique do you use to chase them since they are aware of the mzozo and technically they are not your tenants.


You just do what the other "owner" did to you.....see highlighted above or contact Mawinder
If Obiero did it, Who Am I?
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Angelica _ann
#12 Posted : Monday, February 27, 2017 1:38:46 PM
Rank: Elder

Joined: 12/7/2012
Posts: 11,935
Swenani wrote:
TSi wrote:
Another quick question:
Scenario: You own a plot that is disputed due to double allocation. It happens the other "owner" has built 3 double roomed stone houses for rent on one side of the plot and has tenants living there. You "Real owner" come & fence the plot and put a gate. You also go ahead and put up 3 double room stone houses for rent. You also put building materials on the space that is left of the plot. You then let out the units. One night thugs are sent to the property by the "other owner" and chase away your tenants and remove doors and windows & take them aways. All this while there is a court case that has been ongoing albeit very very slowly (more than 13yrs).
Question:
1. Do you rebuild?
2. If you rebuild how do you get to inspire the confidence of the tenants
3.Do you chase away the other guy's tenants
4. If so what technique do you use to chase them since they are aware of the mzozo and technically they are not your tenants.


You just do what the other "owner" did to you.....see highlighted above or contact Mawinder

You deliver (not) clean water bowsers at night d'oh! smile smile smile
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
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Jibabe
#13 Posted : Monday, February 27, 2017 2:41:58 PM
Rank: Member

Joined: 6/25/2009
Posts: 41
This trick I would recommend if you have proof and evidence to file application before court for contempt. That’s obviously if you had as the matter proceeds had filed for a status quo prayer before the court. Doing 'what the other owner did' is a jungle mentality that should be shunned.Then current rent if any being collected to be deposited in court pending determination of the matter.Then they will come to talk for sure...
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TSi
#14 Posted : Monday, February 27, 2017 3:31:42 PM
Rank: Member

Joined: 12/27/2015
Posts: 130
Jibabe wrote:
This trick I would recommend if you have proof and evidence to file application before court for contempt. That’s obviously if you had as the matter proceeds had filed for a status quo prayer before the court. Doing 'what the other owner did' is a jungle mentality that should be shunned.Then current rent if any being collected to be deposited in court pending determination of the matter.Then they will come to talk for sure...


@Jibabe please tell me more, I like that idea better. What does "the real owner" have to do to make the court compel "the other owner"s tenants to pay rent to the court account. As things stand "the other owner" has been collecting rent from "the real owner" plot for the last 13 yrs, while "the real owner" units are vacant. The reason the fake owner got guts to remove the doors was coz he got some court order to evict; which was quickly appealed in court by the real owner & upheld.
@Swenani & A-ann real owner is not ready for a fight yet.
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Angelica _ann
#15 Posted : Monday, February 27, 2017 4:29:49 PM
Rank: Elder

Joined: 12/7/2012
Posts: 11,935
TSi wrote:
Jibabe wrote:
This trick I would recommend if you have proof and evidence to file application before court for contempt. That’s obviously if you had as the matter proceeds had filed for a status quo prayer before the court. Doing 'what the other owner did' is a jungle mentality that should be shunned.Then current rent if any being collected to be deposited in court pending determination of the matter.Then they will come to talk for sure...


@Jibabe please tell me more, I like that idea better. What does "the real owner" have to do to make the court compel "the other owner"s tenants to pay rent to the court account. As things stand "the other owner" has been collecting rent from "the real owner" plot for the last 13 yrs, while "the real owner" units are vacant. The reason the fake owner got guts to remove the doors was coz he got some court order to evict; which was quickly appealed in court by the real owner & upheld.
@Swenani & A-ann real owner is not ready for a fight yet.

13 years is such a long time ......... @maka come and advice!!!!!!
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
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2012
#16 Posted : Monday, February 27, 2017 4:39:24 PM
Rank: Elder

Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
Another question;

An old man passes on, he has a written will leaving all his property to his wife and kids.
Later, some kids surface with their mother and the 'Abby' in this case are all over 21 years. Do they have any claim? Can the mother sue for compensation for neglect or something?

BBI will solve it :)
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Jibabe
#17 Posted : Monday, February 27, 2017 9:51:14 PM
Rank: Member

Joined: 6/25/2009
Posts: 41
@TSi I reckon you have an advocate already.Youll need to move the court under certificate of urgency n pray that situation as at time litigation started he deteriorated n that as property is attracting rent for court to appoint an agent to collect n deposit n hold me net as a trustee in account where the three parties are signatories n to be remitting a status of account during pendency of case.This will bring all parties to talking table
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Jibabe
#18 Posted : Monday, February 27, 2017 10:02:35 PM
Rank: Member

Joined: 6/25/2009
Posts: 41
@Elder that's tricky one matters of inheritance may be proved by facts or aspects of representations 'so called passing off' that can represent circumstantial evidence n getting of issues.unfortunately the mother stands little chance but children need to proof parentage through DNA for example but now matching would be a challenge.Chances of success for these johnny come significantly limited in scenario as above.
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Mike Ock
#19 Posted : Tuesday, February 28, 2017 12:59:35 AM
Rank: Member

Joined: 1/22/2015
Posts: 682
Kusadikika wrote:
If you ever want to avoid any legal trouble or win any legal case all you need is evidence and a paper trail. This will save everyone a lot of trouble.

In this case every time a meeting is called for between all the family members let the meeting be scheduled with a letter that is sent to all the members by a verifiable way. If by postal mail let it be by registered mail. If it is by email or sms find a way of filing the same so that you have evidence that everyone was invited.

On the day of the meeting make sure the meeting and all meetings have minutes written down. These include attendance and everything that was discussed. Record everything. If during the attendance the absence of the individual was discussed make sure it is recorded. Now that you have 9 people at the meeting each of them can try and reach out to the missing person to let them know that the meeting has started and find out if they are on the way. All this should be recorded in the minutes including whatever excuses were given for not attending. Now here you have two things, you have the minutes which record everything and also 9 witnesses to attempts to try to reach out to the missing person.

Make sure all deliberations are fair and the person is given his rightful share.

Most important keep all records. Make sure the person is always invited to all meetings and all minutes of all the meetings are sent to him.

You can shout all you want in court but nothing beats good records and witnesses.


Boss, courts in Kenya have been known to drag inheritance cases over decades due to their inherent slowness, and the fact that they accept very flimsy rebuttals from family members to postpone verdicts. Is there a benefactor in the family who has handled such amounts of 100m personally before? Maybe he can be trusted as a benevolent dictator of custody.
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TSi
#20 Posted : Tuesday, February 28, 2017 9:22:15 AM
Rank: Member

Joined: 12/27/2015
Posts: 130
Mike Ock wrote:
Kusadikika wrote:
If you ever want to avoid any legal trouble or win any legal case all you need is evidence and a paper trail. This will save everyone a lot of trouble.

In this case every time a meeting is called for between all the family members let the meeting be scheduled with a letter that is sent to all the members by a verifiable way. If by postal mail let it be by registered mail. If it is by email or sms find a way of filing the same so that you have evidence that everyone was invited.

On the day of the meeting make sure the meeting and all meetings have minutes written down. These include attendance and everything that was discussed. Record everything. If during the attendance the absence of the individual was discussed make sure it is recorded. Now that you have 9 people at the meeting each of them can try and reach out to the missing person to let them know that the meeting has started and find out if they are on the way. All this should be recorded in the minutes including whatever excuses were given for not attending. Now here you have two things, you have the minutes which record everything and also 9 witnesses to attempts to try to reach out to the missing person.

Make sure all deliberations are fair and the person is given his rightful share.

Most important keep all records. Make sure the person is always invited to all meetings and all minutes of all the meetings are sent to him.

You can shout all you want in court but nothing beats good records and witnesses.


Boss, courts in Kenya have been known to drag inheritance cases over decades due to their inherent slowness, and the fact that they accept very flimsy rebuttals from family members to postpone verdicts. Is there a benefactor in the family who has handled such amounts of 100m personally before? Maybe he can be trusted as a benevolent dictator of custody.


@Mike Ock No they are all poor to average. No one has handled 100M befor
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