Lawyer Cecil Miller with the Da Gama Rose Group of companies, Group Strategy Director Dimitri da Gama Rose leaving Milimani Law court in Nairobi after the High Court directed the officer Commanding station in Langata and the OCPD have been directed by the high court to ensure that no activities are undertaken on the 134 acre prime land located in Karen on (13/10/2014).
BY SAM ALFAN.
The officer Commanding station in Langata and the OCPD have been directed by the high court to the officer Commanding station in Langata and the OCPD have been directed by the high court to ensure that no activities are undertaken on the 134 acre prime land located in Karen which is at the centre of dispute.
This even as the ministry of lands claims that the contested land valued at 8 billion shillings does not belong to businessman Da Gama Rose. The ministry says that documents at the registry show that the registered proprietor is former NSSF managing trustee’s Jos Konzolo’s Telesocurce.Com limited.
High court judge Lucy Nyambura has directed all the parties involved in the land tussle pitting business tycoon Da Gama Rose on one side against others to stop any activities on the 134 acre land in Karen. Nyambura warned the parties after it emerged that some people have already subdivided the land.
The matter is scheduled to come up for mention on the 28th of this month where the court will ascertain compliance of the orders.
Earlier today in a sworn affidavit filed in the high court, Deputy Chief Lands Registrar Geoffrey Swanya Birundu said Telesource.Com obtained the land after purchasing it from John Kamau Mugo on October 21, 2005.
This response has thrown the spanner into the works resulting into mystery of the real owner of the prime land, because it contradicts a statement by National Land Commission Chairman Muhammad Swazuri who insisted the land belongs to Da Gama Rose.
Da Gama says that Lands CS’s PA Mary Ndunga and Nairobi County AP Commandant Francis Mburu instructed police officers and unknown people to forcefully take over the 134.4 acres of prime land in Nairobi’s Karen area in spite a court order stopping the acquisition.
Da Gama Rose whose company is Muchanga limited moved to court last month and obtained an order restraining the ministry of lands and Konzolo’s Telesource.com from encroaching or trespassing on the land.
At the centre of the dispute is city businessman Horatius Da Gama Rose and former National Social Security Fund (NSSF) Managing Trustee Jos Konzolo, the owner of a company called Telesource, which claims ownership of the 134-acre land.
Court documents show that the prime land has been sub-divided by Telesource into 189 plots.
Mr Da Gama Rose’s company, Muchanga Investments Limited, has sued Telesource, Habenga Holdings, Jina Enterprises Ltd, Director of Survey, Director of Physical Planning, Ministry of Land, Registrar of Titles and Chief Land Registrar in the dispute.
The dispute has sucked in the National Land Commission (NLC) which, in a letter dated May 10, 2013, confirmed that the land belongs to Mr Da Gama Rose.
“I wish to confirm the surrenders in respect of titles IT 74050 and 74051 have been registered. According to our register, LR NO 3586/3 has reverted to its original status. You may confirm the cancellation of the deed plans with the Director of Surveys,” states Mr Peter Kahuho, who signed the letter on behalf of NLC chairman, Dr Mohammed Swazuri.
The temporary orders barring activity on the parcel were extended to October 13. Mr. Da Gama Rose complained that the government was condoning grabbing of private property.
Mr Da Gama Rose was quoted by one of the local daily papers saying “It is outrageous that the rule of law has broken down completely and people can just walk into private property and declare ownership. It is not a personal matter; if it can happen to me, it can happen to anyone,” The 70-year-old businessman’s lawyer, Mr. Cecil Miller, said the rule of law had been disregarded.
“The rule of law must be upheld. The court order barring any development of the land must be observed. Activities have continued on the land despite a court order,” said Mr. Miller.
The matter to be mentions on October 13 to confirm compliance of court orders Issued by Justice Nyambura Gacheru barred the parties from interfering with the land until the matter is heard and determined.