BY SAM ALFAN.
A former lands official has contested a judgment in a favour of embattled Deputy President Rigathi Gachagua in a dispute over a parcel of land near the Jomo Kenyatta International Airport.
In a judgment early this year, John Michael Ohas and his company Columbus Two Thousand ltd lost the multi-million parcel of land in Embakasi to Gachagua after a judge ruled that the documents provided by the DP were genuine.
Ohas has now moved to the appellate court to overturn Judge Oguttu Mboya, who found that the disputed land belongs to Wamunyoro Investments limited, a company associated with Gachagua.
The former lands official said the Environment Court erred in fact and law by holding that the Certificate of Title for L. R. No. 209/12077 IR. No. 90923 issued to his firm was processed and issued without the requisite fees having been duly and fully paid.
He fault the Judge holding that a decision or recommendation from the National Land Commission regarding the suit property.
“The Judge erred in holding without proof of fraud that the Ohas and his company tampered with official documents and records regarding the suit property at the Land Registry,” says Ohas in his court documents.
He further fault the cancellation of the certificate of his title without proof of fraud on his part.
Ohas argues that judge failed to interrogate or make a determination on the procedural impropriety in the alleged allotment of the suit property to M/s Karandi farm limited, Peter Nduati Miugua and Pauline Moringe
“The Judge erred in law and in fact in finding that the Certificate of Title issued to Columbus Two Thousand ltd was issued in vacaum hence a nullity and incapable of anchoring its claim of a lawful right to the suit Property,” says former land official in his appeal.
He further fault the decision to dismiss his counterclaim dated 10 November 2022.
He told the appellate court that it is trite law that the title or lease is an end product of a process. “If the process that was followed prior to issuance of the title did not comply with the law, then such a title cannot be held as indefeasible,” he said.
He added, “We submit that Wamunyoro investment ltd failed to prove that its predecessors in title satisfied all the legal steps for acquiring title in the manner alleged. To allow Wamunyoro investment ltd to enjoy the benefit of the suit property would, therefore, be to sanction an illegality of inordinate proportions.”
He added that all the matters or instances which could support Wamunyoro’s claim of priority based on the first-in-time principle are distinguishable from this Appeal given the series of irregular and fraudulent actions of the Respondents at every stage of processing the interest in favour of the Wamunyoro Investment ltd.
“In the circumstance, we urge this Court to find that only the Columbus Two Thousand ltd fully adhered to the statutory requirements for acquiring clean title through an allotment process, and consequently allow this appeal and enter Judgement in favour of the Appellants in the manner sought in the Statement of Defence and Counterclaim dated 10m November 2022,” pleaded the company.
In the 64-page judgement, the court confirmed the land near the busy airport belongs to DP Gachagua adding that Wamunyoro Investments as 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 were irregular, fraudulent and therefore illegal and ordered for its cancellation.
