High court Judge, Justice John Mutungi who vacated a consent order which was drawn by the director of affiliated to Business Contacts limited that gave rise to take possession of a parcel of land belonging to trustees of Mukulu Kwa Njenga.
BY SAM ALFAN..
High court has vacated a consent order which was drawn by the director of affiliated to Business Contacts limited that gave rise to take possession of a parcel of land belonging to trustees of Mukulu Kwa Njenga.
Justice John Mutungi, said that the court having been mislead by Edward Njoroge, that a trustee Mr Nyanweya Abuya had signed consent to surrender the suit land to the directors of Affiliated limited.
The judge consequently directed that the director of criminal investigation takes up the matter and commence investigations to establish the criminal aspect against the Mr Njoroge and his accomplices who represented a false consent to the court.
The lawyer appearing for Trusses Mr. Steve Mogaka, told the court that his clients have never signed the purported consent to give out their land.
He said that his clients have sworn an affidavit to demonstrate the falsehood by the directors of affiliated business contacts limited, said that purported consent was fraudulently filed to disenfranchise the trustees of their property.
The lawyer submitted that his clients are surprised to discover that the case they brought to court has been marked withdrawn without their knowledge.
” Its an abuse of authority and the rule of law that the said directors can present a false consent to deprive the trustees their land” the lawyer told the court.
Mr Omogaka further urged the court to take stern action against the makers of the consent which could deorived his clients their property.
The said consent dated 30 April 2015 and filed in court on May 8 did not emanate from the trustees of Mukulu Kwa Njenga has indicated in the documents seen in the court file.
The court heard that the directors of Affiliated business contacts falsely obtained an order said to have been issued by Justice Mary Ang’awa on September 2097 allowing them to commence construction of a boundary wall on L.R No 299/9833 which property belongs to the trustees of the slam dwellers.
Justice Mutungi further allowed members of the trustees to file an application seeking to expunge the consent from the court file.