Sh8 billion Karen land under dispute has three titles

A court has ruled that the 134 acre farm in Karen area which has been the subject of a sharp ownership court dispute has three title deeds in existence.

However Lady Justice Lucy Nyambura Gacheru said she “cannot rule with certainty who of the three claimants has the genuine title.”

Justice Gacheru said the claimants holding titles for the Sh8 billion land are Muchanga Investments Limited, Telesource Limited and a widow of a former Nairobi Provincial Commissioner the late John Mburu.

TRUE OWNER

She said for the court to determine the true owner of the farmer all the three parties must be given an opportunity to lead evidence to show how they acquired their title deeds.

The judge directed Muchanga Investments Limited, which is being defended by lawyer Cecil Miller and Peter Wena, not to sell or transfer the land to any third party until the case it filed in court is heard and determined.

Mr Miller obtained orders restraining anybody or company from interfering with the parcel of land saying, Muchanga Investments Limited acquired the land legally from Barclays Bank of Kenya Limited in 1983.

“The bank was the executor of a will of the original owner of the land Mr Arnold Bradley,” evidence tendered in court stated.

POLICE GUARD

Justice Gacheru ordered the Officer Commanding Langata Police Division (OCPD) to post officers on the land to “ensure that no activity is carried out in the disputed land.”

In its suit, Muchanga Investments Limited named Habenga Holdings Limited, Jina Enterprise Limited, Telesource Limited, Ministry of Lands & Housing, Director of Physical Planning Ministry of Lands & Housing, Registrar of Titles, Chief Lands Registrar.

Mr John Mugo Kamau applied to be enjoined in the case alongside Ms Carmelina Mburu, wife of the late PC John Mburu.

The judge noted in her ruling that each of the three claimants maintain they are the bonafide owners of the land.

Carmelina Mburu, 81, through lawyer Albert Kuloba told the judge the land belonged to her late husband who had a lease hold period of 999 years.

Telesource Limited, through lawyer Stephen Gikara, said it bought the land from Mr Mburu who alleged he acquired the land in 1978.

Muchanga Investments Limited through its director Horatius Da Gama Rose explained that it bought the land by Barclays bank which was the sole executor of the will of Mr Bradley.

EVIDENCE OF ACQUISITION

After finding that there are three titles in dispute, the judge directed all the parties to file evidence of acquisition.

“This case will be mentioned on June 6, 2016 for further directions,” Justice Gacheru.

Meanwhile she directed the status quo to be maintained and directed police to keep vigil on the land and ensure no body interferes with it.

This article was published by NAIROBI NEWS on March 30, 2016