Cecil Miller: Brokers still meddling in Muchanga Sh8b Karen land
Brokers have been inter-meddling in the disputed Sh 8 billion Karen land in the face of on going court proceedings, lawyer Cecil Miller told a trial court.
Miller said Muchanga Investments Ltd has been forced to run adverts in the press, specifically on March 27 and 28 2018 after learning that there are people trying to sell the land and going around town saying the dispute was long settled.
He was objecting at a proposed adjournment by one of the defendants and said the longer the case takes in court "the more meddling on the ground."
The defendant has since passed on and a succession cause is pending in a Family Court pursuant to a proposed transfer of power of Attorney she held before her death.
Miller said the case had been befallen with three adjournments in favour of the applicant and parties had agreed that the hearing takes off at the successive sitting, an argument upheld by justice Elijah Obaga.
The urgent Muchanga case cannot be hinged on a pending succession cause in which applicants are being treated as "interlopers."
Miller said the case started in September 2014 during which the key witness passed on, the second witness Moody Awori is also advanced in age and that " if we continue to grant adjournments we may reach a point where we may not proceed."
The lawyer said that once the person who held the power of Attorney passes on the rights thjerein are extinguished.
Several companies including Telesource.com a company owned by former NSSF managing trustee Jos Konzolo, Habenga Holdings and Jina Enterprises have laid claim over Karen property.
Miller led Dimitri Da Gama in his evidence detailing how Barclays Bank was appointed by Anold Brandley who owned the suit property and thus being the executor of his Will had the capacity to sell the suit property.
"By the time Brandley passed on in 1973, he had appointed Barclays Bank as the executor of his will directing how the land would be subdivided, Dimitri told the court.
He said the title has been charged as security at other events when the company needed funds.
The tittle deed was passed to Da Gama Rose through the law firm of Sharpley Barret, he told the court.
Muchanga Investment Limited through its lawyer,Miller, at inception of the case did obtain an injunction halting third parties from encroaching into the property.