Court halts sale of Sh8 billion contested prime land in city

The High Court has stopped the sale of a controversial Sh8 billion parcel of land in Nairobi's Karen area.

The land ownership is both claimed by businessman Da Gama Rose and a company associated with former National Social Security Fund (NSSF)'s managing Trustee Jos Konzolo. Justice Lucy Gatheru issued a 14-day injunction last Wednesday in the suit filed by lawyer Cecil Miller on behalf of Da Gama Rose.

Justice Gatheru certified the application urgent and ordered all parties to appear before the court on the September 17 for an inter partes hearing.

She also restrained the Ministry of Lands from registering any deed plans for the subdivision or issuing any titles.

Three companies which are said to have been involved in the transfer of the land - Habenga holdings, Jina Enterprises and Telesocurce.Com - are listed as respondents. In the suit papers filed in court, Da Gama Rose said he risked losing the parcel of land measuring 134.4 acres in Karen to grabbers after a company owned by Konzolo fraudulently obtained papers to claim ownership.

The prime land situated opposite to Hillcrest Schools along Langata Road and was registered in the name of Muchanga Limited, a company co-owned by Da Gama Rose and his wife.

However, Konzolo's Telesource.Com Limited claims to have bought the prime land from Jina Enterprises Limited 20 years ago at Sh135 million and wanted to subdivide and sell the plots.

Documents filed in court also show that Jina Enterprises got the land from Habenga Holdings. Telesource.Com was incorporated on September 14, 2005, with Konzolo and his wife listed as its sole directors.

The land ownership is both claimed by businessman Da Gama Rose and a company associated with former National Social Security Fund (NSSF)'s managing Trustee Jos Konzolo. Justice Lucy Gatheru issued a 14-day injunction last Wednesday in the suit filed by lawyer Cecil Miller on behalf of Da Gama Rose.

Justice Gatheru certified the application urgent and ordered all parties to appear before the court on the September 17 for an inter partes hearing.

She also restrained the Ministry of Lands from registering any deed plans for the subdivision or issuing any titles. Three companies which are said to have been involved in the transfer of the land - Habenga holdings, Jina Enterprises and Telesocurce.Com - are listed as respondents.

In the suit papers filed in court, Da Gama Rose said he risked losing the parcel of land measuring 134.4 acres in Karen to grabbers after a company owned by Konzolo fraudulently obtained papers to claim ownership.

The prime land situated opposite to Hillcrest Schools along Langata Road and was registered in the name of Muchanga Limited, a company co-owned by Da Gama Rose and his wife.

However, Konzolo's Telesource.Com Limited claims to have bought the prime land from Jina Enterprises Limited 20 years ago at Sh135 million and wanted to subdivide and sell the plots.

Documents filed in court also show that Jina Enterprises got the land from Habenga Holdings.

Telesource.Com was incorporated on September 14, 2005, with Konzolo and his wife listed as its sole directors.

This article was published by THE STANDARD on September 8, 2014.