Deputy President Rigathi Gachagua is the legitimate owner of a Ksh1.5 billion disputed property in Nairobi - the High Court has declared.
A judgement rendered by Justice Joseph Mboya of the Milimani Environment and Land Court made the finding that Gachagua's company known as Wamunyoro Investment Limited is the lawful owner of the two acres of land near Jomo Kenyatta International Airport (JKIA) in Embakasi, Nairobi county.
"A declaration is hereby issued that the plaintiff (Wamunyoro Investment Limited) is the lawful registered and absolute owner of the property in question," Justice Mboya ordered.
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The judge has however revoked the title deed that was issued to Micheal Ohas, a retired director of physical planning in the Ministry of Lands as the same was illegal and unlawfully obtained.
"The second defendant's (Ohas's company known as Columbus Two Thousand Limited) title was obtained irregularly and illegally and the same is therefore invalid and null and void," the Judge ordered.
In his decision, the Judge has further ordered the Ministry of Land to regularised all documentation at the Arthi House and to cancel all the unlawful entries on behalf of the Ohas and his firm Columbus and have the record indicate Wamunyoro Investment Limited as the lawful proprietor of the property.
In addition, the court has issued a permanent injunction barring Ohas and his agents from in any way interfering with Gachagua's land.
While declaring Gachagua as the lawful proprietor of the multi-billion property, Justice Mboya said that Ohas failed to prove that he acquired the property through due process.
"I have found that Wamunyoro Investment Limited established and demonstrated her entitlement to the suit property. To the contrary l have found and held Columbus Two Thousand Limited was unable to prove the counterclaim," Justice Mboya said.
At the same time, the court declined a plea to award Gachagua general damages for alleged trespass by Ohas because it's him who has been occupying the land and using the title.
"Indeed the title is currently charged (for a loan facility at a city bank) noting that Gachagua's company Wamunyoro Investment Limited partaking off and enjoying the benefits thereof and no circumstances that has been laid before me to warrant an award of punitive or aggravated damages," Justice Mboya stated.
The court finding now settles the long-drawn land dispute of ownership pitting Gachagua and Ohas after two title deeds were issued to the two by the commissioner of lands.
Gachagua through lawyer Philip Nyachoti moved to court in July 2022 seeking revocation of the title held by Ohas on grounds that it was fraudulently obtained.
The Deputy President accused Ohas of tampering with records at the land office.
The property, according to Gachagua, is charged to Equity Bank as collateral for various financial facilities granted to him at Ksh200 million.
The DP stated that Ohas, a former director of physical planning in the Ministry of Lands, illegally obtained a title deed in September 2019 and registered it in the name of a company known as Columbus Two Thousand Ltd.
In evidence tendered in court, officials at the Ministry of Lands dismissed Ohas’ company Columbus Two Thousand Ltd's claim of ownership for the property.
They said that the land was initially registered in the names of Peter Nduati Mbugua, Pauline Mulinge and Karandi Farm Limited in December 2002.
Through State counsel Allan Kamau, the Chief Registrar stated that the land was transferred to Gachagua’s company on June 18, 2012, after buying it at a price of Ksh24 million.
On June 27, 2013, the property was used as security for a Ksh150 million loan and a further loan of Ksh50 million advanced by Equity Bank.
Records held in the Ministry of Lands and Physical Planning indicate that Columbus Two Thousand was allocated the land, as an unsurveyed industrial plot, by the then commissioner of lands in February 1994 for a term of 99 years.
Part of the conditions contained in the letter of allotment was payment of the fees within 30 days.
“From the time when the letter of allotment was issued on February 3, 1994, the allottee did not accept the offer neither did they make formal payment of the amounts stipulated in the letter until May 7, 1996, when they wrote to the Commissioner of Lands and accepted the offer,” the Registrar had told the court in December last year
He adds that the company made a partial payment of Ksh50,000 on May 16, 1996.
However, at the time of making the partial payment, the offer of allotment to Columbus Two Thousand Limited had lapsed and the land had reverted to the government.
The same was allocated to Peter Nduati Mbugua, Pauline Mulinge and Karandi Farm Limited for a term of 99 years at an annual rent of Ksh110,800 with effect from May 1, 1999. A title was issued to them on December 31, 2002.
On June 18, 2002, they transferred the property to Wamunyoro Investments.
