Lawyer Cecil Miller for Muchanga Investments during the hearing of the application seeking orders to declare Muchanga Investments Horatius Da Gama Rose as the right ownership of the 134.4acres of land
in Karen at Milimani law courts on April 22 2015.
BY SAM ALFAN.
A Sh8billion Karen land whose ownership is in sharp dispute was originally owned by an investor Arnold Bradley, a judge heard on Monday during submissions.
Telesource Com Limited which is one of the claimants told Justice Lucy Nyambura Gacheru that Bradley appointed Barclays Bank of Kenya Limited as the executor of the will prepared by Bradley in August 15
Referring to testimony presented to Justice Gacheru by BBK through its senior legal counsel Waweru Mathenge, lawyer Steve Gikera for Telesource said the will identified the beneficiaries of estate of the
Bradley who died in October 22, 1973.
Lawyer Gikera told the judges that Bradley stated in his will that 4 acres of the land be allocated to his daughter Annette Therese Benson.
“Bradley devised and bequeathed to his daughter Annette Therese Benson approximately 4 acres of the parcel of land known as L.R 3586 which she occupied at the time, together with buildings and improvements erected thereon,” Mr Gikera told the judge.
Telesource Com Ltd is contesting a case filed against it and eight others by Muchanga Investments Ltd which states through lawyer Cecil Milller that it is the bonafide owner of the land having acquired it
from BBK in 1983.
Lawyer Miller has told the court that the Muchanga is the legal owner of the land and all other claimants are trespassers into up market property.
Muchanga which is owned by Horatius Da Rose has presented evidence to prove its ownership.
Muchanga has named Habenga Holdings Limited, Jina Enterprises Ltd, Telesource, the Director of Survey, Ministry of Lands, Registrar of Titles, Chief Land Registrar and Carmelina Mburu as defendants.
The company is asking the court to issue orders restraining the defendants from interfering with its property.
The court has since barred the defendants and their agents from interfering with the land in dispute pending hearing and determination of the case filed by lawyer Cecil Miller.
The bank which has been enjoined in the case as an interested party says the WILL left by Bradley was registered in the High Court on July 24, 1974.
“The administration of Mr Bradley’s estate as set out in the will was granted to Barclays Bank International Limited (formerly known as Barclays Bank DCO) as the executor,” Mr Mathenge says in the affidavit he filed in court.
The judge heard that the Securities Journal of the bank shows transactions on the land were carried out by Da Gama Rose.
” The entries in the bank records shows the customer’s name entered in the Journal of Securities as that of Da Gama Rose(Investments) Limited,” Mr Gikera told the judge.
Lawyer Cecil Miller has told the court that Da Gama Rose had obtained a loan using the title deed of the land in question.
Mr Gikera referred to eleven letters which “showed there were transactions in relation to the land in dispute with Da Gama Rose (Investments) Ltd.”
The judge heard that the property has since been subdivided into 184 plots. Muchanga is asking the court to kick out from its land those who have invaded it but Telesource says it bought the land from John Mugo Kamau.
Mr Kamau has not filed any documents in court to prove ownership.
Justice Gacheru extended the orders directing the OCPD Langata to ensure no one encroaches into the land claimed by Muchanga Investments measuring 54.39 hectares (over 134 acres).
The case will proceed on May 19.