Lawyer William Arusei, (center) talking to businessman Simon Laboso (left) and Lawyer Donald Owang (right) outside a courtroom at Milimani Law Court on Monday 16/06/2014 after the ruling on application on the land in dispute biting former president Moi and four businessmen.
BY SAM ALFAN.
Former President Daniel arap Moi will be called upon to adduce evidence to enable the court make determination in land dispute biting him and four other businessmen
High court judge Justice Pauline Nyamweya consequently declined to struck out the case brought against him, Tulip Properties limited, commissioner of Lands and the registrar of tittles on grounds that the court will arrive at the conclusion after such evidence has been tendered.
There exist conflicting claim from Moi, Laboso and his a comprises as to who holds good title to the suit land
”It’s evident that both Moi and Laboso and colleagues were allocated same parcel of land which the court need to be proved to demonstrate their respective cases” the court said.
The judge said each party has claim that title held by them is irregular and illegal and they have filed on oath certain facts in defence of their respective tittles.
Justice Nyamweya found and held that there are tribal issues raised by both applicants and defendant questioning how their respective tittles were obtained and it will require further evidence to be called for their determination.
Moi through his lawyer Juma Kiplenge had sought to have suit filed against him by Mohamed Korrow Simon Laboso, Macdonald Lijoodi Maraka and Noor Mohamed Hassan struck out claiming that he his proprietor of the multi million shillings property registered under LR No 1477 allocated along Mombasa road.
However Laboso and his co-applicants through lawyer William Arusei, told the court that the defence filed by Moi seeking to struck out the suit is contains mere denial and does not disclose no semblance of reasonable facts which the court is being asked to rely on.
He said the defence filed by Moi is violation of the mandatory provision of the procedure rules, saying it’s irregular, fatally defective and amounts to abuse of the process of the court.
Arusei told the court his clients having been allocated the suit land a paid the necessary stand premium and stamp duty, the allocation to the same property to retired head of state and subsequent transfer to Tulip Properties limited was illegal and the court should find so and revert back the land to the applicants.