Former President Daniel arap Moi. PHOTO | FILE
By VINCENT AGOYA, vagoya@ke.nationmedia.com
In Summary
Former president Daniel arap Moi has obtained a court
order barring three parties that are laying claim to a prime plot in
Nairobi from starting any construction at the site till the dispute is
resolved.
Mr Moi, through lawyer Fred Ngatia, says he cannot
understand “the basis of the claims” lodged by United States
International University (USIU), Maestro Health Connections and Equity Bank CEO James Mwangi through his company Muthaiga Luxury Homes Limited.
The retired president has been named as a defendant
in the suit. On Wednesday, Mr Moi’s lawyer told the trial court to
“widen the injunction order to stop the plaintiffs from taking advantage
of each other so that nothing happens on the ground until the case is
heard and determined.”
Justice Samson Okong’o gave the order preserving
the suit property in which USIU, Maestro Connections Health Systems and
Mr Mwangi have different titles for the same piece of land.
“Justice can only be arrived at through a full
trial, we need to go straight into the trial at the earliest date
possible,” Mr Ngatia said.
The lawyer said it is prudent that the court halts
“any activities on the disputed parcel of land until a determination is
made.” Maestro Heath Connections claimed it bought the property from Mr
Moi for Sh500 million and had stationed tens of guards at the site
before USIU contested and got an order for restoration of the status
quo.
Mr Mwangi later emerged stating that he had also
bought the property from the former president at Sh300 million after
being introduced through proxies.
Mr Moi, through his lawyer, has demanded witnesses
to the sale agreements and transfers and evidence that they were present
during the alleged transactions.
The case will be mentioned on October 26 to confirm
compliance. Mr Moi also wants particulars of persons who amalgamated
plots LR 12422/18 and 12422/19 which form the epicentre of the dispute.
The lawyer further wants proof of approval of the amalgamation of the
two parcels of land by the director of survey.
Mr Moi is accused of selling the land to both the
university and Maestro Connections Health Systems Limited using
reconstituted title deeds.
The suit states that in 1984 Mr Moi surrendered two
original certificates and was issued with one title for the
consolidated parcel of land known as LR no 12597.
USIU-A notes that the initial land labelled LR 12422/19 ceased to exist after the consolidation.
The documents show that Moi then sold
and transferred the disputed property to DPS International Limited. DPS
later sold the land to ICEA which in turn sold it to USIU-A.
Mr Moi applied for a duplicate title against an
ownership record that should have been destroyed when the plots were
consolidated, the court papers say
He received a new title for the land in September
last year and sold the property to Dr George Kiongera’s Maestro
Connections Health Systems.
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