Lawyer Peter Wena and Cecil Miller for Muchanga investment Limited before a Nairobi Court on March 30 2016 during the hearing of 134 acre farm in Karen area which has been the centre of a sharp ownership dispute between investor.
BY SAM ALFAN
A Nairobi Court has ruled that a 134 acre farm in Karen which is the subject of a retributory ownership dispute has three title deeds.
However, Lady Justice Lucy Nyambura Gacheru said she could not rule with certainty, which among the three claimants had the genuine ownership documents.
Justice Gacheru said the claimants holding titles for the Sh8 billion worth land are a widow of former Nairobi Provincial Commissioner the late John Mburu, Muchanga Investments Limited and Telesource Limited.
She said for the court to determine the true owner of the land, all the three parties must be given an opportunity to lead evidence to show how they acquired their title deeds.
The judge directed Muchanga Investments Limited, which is being defended by lawyer Cecil Miller and Peter Wena, not to sell or transfer the land to any third party until the case it filed in court is heard and determined.
Mr Miller obtained orders restraining anybody or company from interfering with the parcel of land saying, Muchanga Investments Limited acquired the land legally from Barclays Bank of Kenya Limited in 1983.
“The bank was the executor of a will of the original owner of the land Mr Arnold Braddley,” evidence tendered in court stated.
Justice Gacheru ordered the Officer Commanding Langata Police Division (OCPD) to post officers on the land to ensure that no activity is carried out in the disputed land.
In its suit, Muchanga Investments Limited brought support documents from Habenga Holdings Limited, Jina Enterprise Limited, Telesource Limited, Ministry of Lands & Housing, Director of Physical Planning Ministry of Lands & Housing, Registrar of Titles and the Chief Lands Registrar.
Mr John Mugo Kamau applied to be enjoined in the case alongside Ms Carmelina Mburu, wife of the late PC John Mburu.
The judge noted in her ruling that each of the three claimants maintain they are the bonafide owners of the land.
Carmelina Mburu, 81, through lawyer Albert Kuloba told the judge the land belonged to her late husband who had a lease hold period of 999 years.
Telesource Limited, through lawyer Stephen Gikara, said it bought the land from Mr Mburu who alleged he acquired the land in 1978.
Muchanga Investments Limited through its director Horatius Da Gama Rose explained that it bought the land by Barclays bank which was the sole executor of the will of Mr Bradley.
After finding that there are three titles in dispute, the judge directed all the parties to file evidence of acquisition.
“This case will be mentioned on June 6, 2016 for further directions,” the judge said.
Meanwhile she directed the status quo be maintained and directed police to keep vigil on the land and ensure no body interferes with it.
