A company linked to Kenya Kwanza Presidential running mate Rigathi Gachagua has moved to court over a land issue.
The land in question is situated in Nairobi and is valued at 1.5 billion shillings.
Moreover, in the suit papers filed before the Milimani law court the company – Wamunyoro investment Ltd alleged that that the two defendants may at any time now unlawfully transfer, dispose of and/or alienate the suit property to a third party.
The respondents in the case are; John Michael Ohas and Columbus Two thousand ltd. Additionally, the Chief land registrar has been named as the third respondent.
Wamunyoro Investment Ltd argues that if the land is transferred as stated above, the dispute will be complicated as well as interfere with the Plaintiff’s right to enjoy quiet possession of its property.
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“Unless this Application is certified urgent and heard immediately by this Honorable Court and the orders sought herein granted, the 2 Defendant may proceed at any time to illegally encroach, takeover and may actually dispose of and/or transfer the suit property to unsuspecting third parties’ detriment of the Plaintiff thereby occasioning substantial damage and loss hence the urgency of this Application,” the court papers read.
Mr. Rigathi Gahagua through the company said that he is the lawful and registered owner of the land. He further noted that he owns a tittle deed (“the first title”) which was issued on 18 June 2012 in respect to the same.
Moreover, the property is charged to Equity Bank Limited as collateral for various financial facilities granted to the Plaintiff.
Rigathi also claims that the defendants fraudulently obtained a second title on the property while the Plaintiff’s title is still in existence.
According to the plaintiff, the defendants have further deliberately tampered with the records at the Lands office in respect of the suit property such that any official search on the suit property currently indicates that the 2-4 Defendant is the registered owner of the suit on the exclusion of the Plaintiff.
Furthermore, through his lawyer Phillip Nyachoti, Rigathi wants the court to order that the tittle deed possessed by the defendants was illegally obtained, thence, declared null and void.
Likewise, Gachagua’s company also wants the court to order the lands registrar to correct the register in the Land’s office by cancelling all illegal entries on behalf of the 1″ and 2 Defendants and indicate the Plaintiff as the lawful and proper registered owner of the land.
