Cecil Miller lays bare documents showing Muchanga Investment owns Sh8b Karen land
Lawyer Cecil Miller has laid bare in court documents leading to Muchanga Investment Ltd rightful claim on a disputed Ksh8 billion Karen estate.
The documents included a Will, an Original Title Deed, Grant of Probate , among others as he led Dimitri Da Gama Rose, Muchanga General Manager and son of the owner of the estate Horatius Da Gama Rose down a chronological timeline from 1929 transfers to date, and how Muchanga is in possession of the title.
He began by telling the witness to trace his family tree, from the senior Da Gama Rose to the incorporation of Muchanga Investment Ltd.
The witness said he is the custodian of all the company's records.
"My late father handed handed them to me," the witness said.
Dimitri has since taken his father’s place in the case. He confirmed he was familiar with the plaint.
Led by the veteran lawyer in his evidence he told he was aware the Title Deed had been used several times to take securities from financial institutions including Barclays Bank.
The witness said the transfer of part of the estate in question to Muchanga investment can be traced back to the "mother-title," and original of which he produced in court.
"The mother-title contains the chronology of events leading to transfer to Muchanga, whose title was born from the mother-title," the witness explained.
Miller led the witness to show the trial court corresponding entry numbers in al the claim documents.
The chronology dated back to February 27 1928 when the property was owned by Arnold Bradley.
A probate of the will of Arnold Bradley-original shown in court- was issued in Nairobi and indicates he died on October 22 1973.
He effected a g Grant of Probate authorising Barclays Bank over the estate as detailed in his will which was also produced in court.
"The will is annexed to Grant of Probate," Miller said.
Miller led the witness toi read Clauses in the deceased's Will,where he appointed his wife as sole Trustee
Clause 3, read out in court stated that Barclays bank had been appointed as executor of the Will and to act as bankers of the deceased's estate.
Miller explained that what this meant was that in the absence of the deceased's wife, then Barclays was to take over.
A portion of the estate, 4 acres, of the original was bequeathed to his Daughter Annette while the remainder of his estate, which forms fodder for the present case, "was to be sold, disposed of by the executor." (Read Barclays Bank).
The Will is dated August 15 1969.
Miller also produced a document that endorsed upon the title that Barclays Bank be granted authority over the property.
The documents, he produced in court, marked as evidence, are in support of how the late Horatius Da Gama Rose bought part of the estate, IR No 3586/3 from Barclays.