Dar bank in stolen title deed case

FAUSTINE KAPAMA

Already two businessmen have filed an application before the High Court’s Land Division to oppose the move by the bank and four other defendants from selling the house on Plot Number 22 Block 5, whose owner is a deceased, to recover 900m/- loan facility.

Judge Gerald Ndika is set Friday to give his ruling on the application by the businessmen, Mr Mudrik Rashid Khamis and Mr Edward Eugen Mushi, who are represented by advocate Semu Anney from Makoa Law Chambers, Advocates.

“This honourable court be pleased to grant an order of temporary injunction restraining the respondents, their agents or anyone acting on their behalf from selling Plot No. 22, Block 5 in execution of the mortgaged transaction between the respondents,” reads part of the application. Other defendants are Asia Hassan, V.D. Enterprises Company Limited and two businessmen Mitul Shah and Indumat Shah.

In the application, the applicants are applying for the interim orders, pending determination of the main suit. In the main suit, the two are also challenging as null and void the whole mortgage transactions between the Bank and Asia Hassan and for orders relating to rectification of the land register of the house under certificate title number 46313 in respect of the void mortgage transaction between the respondents.

They also request the court to declare that such house is the property of deceased Asha Abdrahamani and the same has never been mortgaged to the Bank. It has been revealed that the title deed number 46313 had been submitted at Ilala District Court to bail out an accused person in a criminal case number 439 of 2009.

The Office of the Resident Magistrate in Charge of the Ilala District Court has confirmed that indeed the title deed disappeared under mysterious circumstances after it was submitted as bail bond in the criminal trial.

On January 12, 2002, Mr Hamis sold the premises to Mr Mushi under the sale agreement executed at a price of 400m/- payments. But when executing the sale agreement, the two were informed that the original title deed got lost when it was used as surety bond at Ilala District Court in a criminal case.

Following such circumstances, the court authorities referred Mr Hamis, who is the Administrator of the Estates of the deceased Asha Abdrahamani, to the Registrar of Titles at the Ministry of Lands, Housing and Human Settlement Developments for consideration of a new title deed.

Surprising with great astonishment, it is alleged that when making a follow up on the issuance of the new title deed on the disputed property, Mr Khamis was informed by the Registrar that the said property was mortgaged on April 30, 2012 in favour of V.D. Enterprises Company Limited.