Fugitive businessman Yagnesh Devani. PHOTO | FILE
By Galgallo Fayo
In Summary
- Yagnesh Devani’s Triton Gas Stations and Triton Service Stations want the High Court to restrain buyers of 11 properties registered in the business names from assuming their possession.
KCB’s dispute with fugitive businessman Yagnesh
Devani has taken a new twist after he petitioned the court to stop
transfer of properties owned by his collapsed oil importing firm,
Triton.
Mr Devani’s Triton Gas Stations and Triton Service Stations
want the High Court to restrain buyers of 11 properties registered in
the business names from assuming their possession.
Triton applied last week to have earlier court
orders reviewed and the pending transfers halted. The orders allowed
those who had bought the properties to complete the transactions.
The petitioners argue that their search at the
Lands registry has revealed that only five properties out of about 14
assets that KCB has claimed to have sold have been transferred.
Triton has distanced itself from an agreement in
2009 in which its assets were pledged as security for the loan taken by
Mr Devani, a former director of the oil trading company.
Triton was placed under receivership in 2008 after
it was established that the company had withdrawn its stock of fuel from
the Kenya Pipeline Company’s storage tanks without informing its
financiers – who included KCB and PTA banks – after which Mr Devani fled the country leaving behind a Sh7.6 billion scam.
KCB had earlier told the High Court that it has
completed the sale of all of Mr Devani’s assets used to secure a Sh2.1
billion loan.
The court, however, on July 17 gave an order
restraining sale of the assets, prompting KCB to return to court seeking
a clarification on how the transfer and registration of already sold
properties could be handled.
Justice Eric Ogola on July 24 clarified that his
temporary order issued on July 17 stopping the sale did not apply to 14
properties that KCB has already sold.
But on Monday last week, Triton returned to court
arguing that its search has revealed that 12 of the properties that
lender claimed it has auctioned were yet to change hands.
It asked the High Court to review its order and
stop the transfer to the buyers, arguing that the sale is only valid
once the transfer at the Lands registry has been effected.
The properties that KCB says it has sold include
four located in Nakuru, four in Naivasha, two in Mombasa, one in Kisumu
and another one in Dagoretti.
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