[Source: Daily Nation, by Wanjohi Githae]
The Court of Appeal has dismissed a case seeking to halt the implementation of a High Court decision on an illegally acquired plot in Nairobi.
Justices Martha Koome, Fatuma Sichale and Sankale Kantai declined to grant orders to Tarabana Company, owned by Mr Charles Kiri Thube, who bought the land from Rospatech Limited.
Rospatech Limited, owned by Mr Martin Njuguna Ngugi, grabbed the plot from Mr Harcharan Singh Sehmi, Mr Harbhajan Singh Sehmi and Mr Jasrwan Singh and sold it to Mr Thube.
Mr Thube then secured a Sh60 million loan from Prime Bank to develop the plot.
The agreement shows that Mr Thube sold Mr Njuguna the plot for Sh24 million while the transfer lodged at the Lands office states the figure at Sh12.5 million.
The appeallate court agreed with Justice Kossy Bor of the Environment and Land Court , who cancelled the title held by Mr Thube and ordered the land to be returned to Mr Jaswran, Mr Harbhajan and Mr Signh.
The businessmen occupied the developed plot from 1968 until October 2, 2014, when they were evicted by Mr Thube. The lease was from January 1, 1942 to October 10, 2001.
Before the lease expired, the three applied for its extension and Lands Ministry wrote to the city physical planning and surveys director on July 13, 2001 seeking their views.
The two directors gave their approval in 2011 and 2007 respectively.
Mr Harcharan sought the assistance of Mr Kenneth Muchoki Njuguna in extending the lease but the latter died on September 22, 2011.
Before Mr Muchoki died, someone went to the property in April 2011 claiming to be its owner and threatened to evict the plaintiff’s workers.
Mr Harcharan told the court that he went to the chief’s office in Ngara accompanied by Mr Muchoki and the latter’s wife Florence and were informed that Mr Ngugi was the true owner of the plot.
Mr Harcharan later came to learn that Mr Ngugi was the director of Rospatech Limited.
Mr Muchoki informed Mr Harcharan that at some point, he sought the aid of Mr Ngugi in processing the lease when he fell ill. Mr Muchoki sent his wife and Mr Ngugi to Government offices.
Mr Harcharan would later learn at City Hall that the name of the plot owner had changed to Rospatech Limited. The file at the Lands office had vanished.
He said Mr Ngugi returned to the plot on October 2, 2014 accompanied by goons, the area chief, the Ngara police chief and several police officers.
They evicted Mr Harcharan’s employees from the property in the presence of Mr Thube, he said.
Mr Thube proceeded to build a multi-storey building.
It was after conducting investigations that Mr Harcharan and his business partners realised that lands officials colluded with Mr Njuguna to falsify files.
[Full article: Daily Nation, by Wanjohi Githae]
