National Land Commission (NLC) and Kenya National Highways Authority (KeNHA) have been directed to join a dispute involving land ownership where City Cabanas restaurant sits.
Justice Samson Angote agreed that the two institutions were key in resolving the dispute over the land ownership, which has been pending in court for about a decade.
Simandi Investment Ltd, through its directors Simon Nyamanya Ondiba and Mary Nyamanya, moved to court in 2016 to challenge a title deed held by Ms Rosaline Njeri Macharia.
Appearing before Justice Angote, Mr Ondiba, through his lawyer Harry Arunda, said he had served KeNHA and NLC with the court documents and the hearing notice, but they failed to appear for the hearing.
Lawyer Ochieng’ Oduol for Ms Macharia said the presence of the two institutions was key in resolving the matter, as they were in possession of documents concerning the land.
Justice Angote adjourned the matter to May 22 for directions and also give a ruling on an application by Mr Arunda for the expungement of some affidavits filed by Ms Macharia in defence of her title documents.
In the dispute, Samandi Investments claimed to have purchased the land for Sh60 million in July 1994 from the Kenya National Chamber of Commerce and Industry (KNCCI).
He said they later subdivided the land into two portions, and all was well until August 2016, when the land was invaded and a perimeter wall was erected around the land.
“The 1st defendant (Ms Macharia) continues to trespass to the said land parcels and had built a perimeter wall without the consent or authority of the plaintiff who is the legal, legitimate and rightful and registered owner of the property hence infringing on the plaintiff’s proprietary ownership rights,” Mr Ondiba said.
An earlier application by Ms Ondiba seeking to block the NLC from releasing Sh1.6 billion compensation to Mr Macharia, for a portion taken by KeNHA for the construction of the Nairobi Expressway, was unsuccessful.
The businessman wants the court to order the cancellation or revocation of a title deed held by Ms Macharia, which was issued on December 22, 1994.
On her part, Ms Macharia contended that she was the genuine owner of the property and that the title held by Simandi Investments Ltd was obtained fraudulently.
Ms Macharia said she purchased the land from KNCCI in 1994, and the same was registered in her name on April 27, 1995.
She said the original title for the property was held by Guardian Bank Limited and had constructed the hotel, City Cabanas, which she had operated since 1995.
Ms Macharia had opposed the case being heard by the Environment and Land Court, arguing that it should be handled by the Land Acquisition Compensation Tribunal.
Mr Arunda pointed out that Ms Macharia was not sure of how much she paid to acquire the land, since at some point, she claimed to have paid Sh45 million, and in another instance, she said she paid Sh24 million for the land.
And even with the two amounts, Mr Arunda said there was no documentation to support the purchase from KNCCI.
“That when the transfer of L.R. No.209/11293/1 dated October 12, 1988 or 22nd December, 1994 for Sh45 million from KNCCI to the 1st Defendant was investigated by the National Land Commission, the person said to have signed the transfer, a Mr John Kipkemboi as the National Chairman Kenya National Chamber of Commerce and Industry disowned the signature and termed it a forgery,” Mr Ondiba said in his application.
He said Ms Macharia did not acquire the land lawfully, and her title deed was a mistake and misrepresentation.
