BY SAM ALFAN.
Deputy President Rigathi Gachagua has won a battle for the ownership of a multi million parcel of land near Jomo Kenyatta International Airport (JKIA).
Gachagua won the battle for the land worth Sh1.2 billion against a company linked to a former lands official, John Ohas.
Ohas through his company Columbus Two Thousand claimed ownership of the land saying he had documents to prove that the land belonged to him.
Environment and Land Court Judge Oguttu Mboya ruled that the disputed land belongs to Wamunyoro Investments limited and not Columbus Two Thousand.
“A declaration be and is hereby issued that the Plaintiff is the lawful registered absolute owner of all that parcel of land known as L.R No. 209/12077 [L.R. No. 909231,” declared the judge in hus decision.
In the 64-page judgement, the court confirmed the land near the busy airport belongs to the said company which is associated with DP Gachagua adding that Wamunyoro Investments is the lawful registered owner of the property in question.
Judge Mboya said the title documents issued to Ohas and his Columbus Two Thousand by the Chief Land Registrar’ and records at the Lands Registry on the Plaintiff’s parcel of land known as LR. No. 209/12077 [L.R No. 90923], were irregular, fraudulent and therefore illegal and that the same should be ancelled accordingly.
In his decision, the land court judge further declared that the Columbus Twi Thousand’s title known as LR, No. 209/12077 [L.R. No. 909231 was obtained fraudulently irregularly and illegally and that the same is therefore invalid, null and void.
The court ordered the Chief Land Registrar to rectify the register in the land’s office to cancel all unlawful entries on behalf of Ohas and replace Wamunyoro as the lawful and registered proprietor of the parcel of land.
“The 3rd Defendant (Chief Land Registrar) be and is hereby ordered to cancel, revoke and nullify the title known as LR. No. 209/12077 [1.R No. 2136511 in the name of the 2nd Defendant(Columbus Two Thousand),” court ordered.
The court issued a permanent injunction restraining the Ohas and his company whether by itself, employees, servants, agents or any other person acting on his behalf from excavating, carrying out any construction works, building any structures, carrying out any subdivisions or transferring the land.
The judge said the retired civil servant and Columbus Two Thousand failed to demonstrate or prove his claim in respect of the suit property.
