BY SAM ALFAN.
Weston Hotel has told the court that National Land Commission found that the hotel is an innocent purchaser for value without notice of any defect in the matter.
While responding to a petition filed by Kenya Civil Aviation Authority (KCAA) , Weston told the court that NLC did not make any finding that there was conspiracy between the hotel Priority Limited and Munene Investments Limited.
The hotel through lawyer Ahmednassir Abdullahi dismissed KCAA allegations that transaction between Weston and Priority Limited and Munene Investments Limited does not fall the test of bona fide purchaser for value without notice of the defects in the title as as it paid the purchaser price to Priority Limited and Munene Investments Limited as contracted .
“KCAA has no locus to decide a purchaser price for the parties to a based on the subjectives perspective of what amounts to valuable consideration”, said the hotel.
The hotel added that the famous Ndungu report did not make a conclusive decision on the issue of ownership of the suit property which is binding on the court and the report has not acquired any statutory form and and as such have no force of law and it is doubtful whether the recommendations therein legally identify KCAA as the legal proprietor of the property.
The hotel dismissed allegations by KCAA and said there was no evidence placed before NLC to show it WS reckless in purchasing the suit property or that building approvals were not issued and it had obtained as attached in the documents filed in court.
” KCAA allegations raised in the petition are pregnant with malice and falsities and a progeny of the KCAA’s insatiable desire to make mischief and are meant to deprive or threaten Weston hotel property rights in the suit property and to unjustly enrich KCAA”, Ahmdnassir said.
Ahmednassir added that KCAA has failed to demonstrate fraud and illegality on the part of Weston hotel, Priority limited and Munene Investment limited and has equally failed to demonstrate collusion between the aforesaid respondents in the acquisition and transfer of the suit property and apart from the pedestrian allegations, KCAA had not established that Weston hotel is not the bona fide purchaser for the value without notice.
He further added that Weston hotel had no knowledge of the fraud alleged by the KCAA neither was it a party and the hotel purchased the suit property in good faith for adequate consideration on the basis of the Priority limited and Munene Investment limited’s valid title and as such , it has indefeasible title that ought to be protected by the court.
Weston hotel Director Michael Nzile in his affidavit urged the court to uphold the sanctity of its title and dismiss KCAAA petition as it does not meet the required threshold for granting conservatory orders.
High Court blocked the valuation, sub-division, sale and transfer of the controversial land on which Weston Hotel in Nairobi stands.
The court stopped any plans on the controversial parcel, pending the outcome of the ownership dispute lodged by the Kenya Civil Aviation Authority (KCAA).
Environment and Land Court Judge Bernard Eboso imposed the sanctions on National Land Commission (NLC), Weston Hotel Ltd, Priority Ltd and Monene Investments Ltd following and urgent application by the State agency.
The Judge stopped the implementation of the decision made by the NLC on January 25 allowing the owners of the hotel to pay compensation to the agency at the market value to enable it to purchase alternative land.
The disputed public land had been acquired by the defunct Directorate of Civil Aviation (DCA) in the early 1990s for the construction of its headquarters.
According to documents filed in court, On January 5,1998, a survey on the property was conducted which was authenticated and registered as LR 209/14372 bearing a deed plan Number 23496 and a new grant was booked for registration on September 5,2000.
“On September 5, 2000, the said grant was registered and change of the user to be used as shops and offices space was affirmed and on November 27, 2003 , Ministry of Lands and settlement wrote to National Land Commission confirming receiving the application for a change of user”, States court documents.
It further added that in December 19, 2003 , the director of survey’s wrote a letter of no objection to change of user so long as the physical planning requirements were satisfied. The transfer was effected on June 13, 2007 from Priority limited and Munene Investment in favour of Weston hotel limited.
” Consequently , the allegations bof fraudulent acquisition and registration are unsubstantiated and are nothing short of mere rumours propagated by KCAA in a resort to infringe, violate and limit Weston hotel’s right to property as aforesaid , the NLC did not reach a finding that the acquisition of title was fraudulent “, added Weston hotel.
It’s further stated that on June 17, 2009 , KCAA wrote to the Kenya Airports Authority informing them that they had received an application for a proposed hotel and in the circumstances it should provide comments on the proposal development.
Priority limited through lawyer Katwa Kigen told the court that they were exclusive owner of the disputed property.
Affidavit by Priority Limited director Paul Chirchir , the company told the court it was the owner of the land parcel to the exclusion of all others who were not registered including KCAA and according to the record he has seen , KCAA has never been a registered owner of the parcel.
” On the face of the pleadings and annexures thereto the petitioner (KCAA) has no viable or worthy evidence upon which it can lay a competing interest to Priority limited’s title. Otherwise and without prejudice to whatever the averments , in any event, the petitioner has never been the owner and or registered proprietor hence has no rights and entitlements to the parcel as pleaded or at all”, said Chirchir.
Chirchir said the allegations of improprieties and allegations or fraud on the Priority limited are denied. The company denied any impropriety in the registration, any unlawful on any allocation to the land and committing any acts of illegality , fraud or corruption on any dealings in relations to the parcel including allotment , registration and conveyance.
The company dismissed allegations of any forceful eviction KCAA, DCA or employees and any forceful eviction would have attracted the state power, personnel and accessories as the KCAA is a state body would have provoked the appropriate legal actions at the point of the alleged eviction.
It added that it is impossible as a private entrepreneur cannot evict it government.
