By: RICHARD MUNGUTI
Muchanga Investments is the only company whose name appears in the Sh8 billion Karen land title deed held by Barclays Bank, a court has heard.
Lawyer Cecil Miller told Lady Justice Lucy Nyambura Gacheru that there is no other company which has produced any title deed to prove ownership of the 134.4 acres of land in Karen, Nairobi County.
Mr Miller urged the judge to disregard testimony that Muchanga did not produce any documents to prove there was a sale agreement.
Muchanga’s title number is IR 3275 and it tallies with the one held by the bank.
Mr Miller said sale agreements or transfer documents do not confer ownership but the “duly registered documents produced in court by Muchanga puts it squarely on the land.”
He said the bank invoked the Registration of Titles Act to transfer the land in question to Muchanga.
He said the bank had been appointed the executor of the will of the original owner of the land Mr Arnold Bradley and that it (bank) did not need a court order to execute a transfer.
“The grant of probate was registered on the title and entries made thereafter did not require the consent of the court,” Mr Miller told Justice Gacheru.
The lawyer said the title deed produced in court does not show that Barclays Bank dealt with Telesource Com Limited owned by a former managing trustee of the National Social Security Fund (NSSF) Mr Josephat Konzollo in any way.
He also said the title does not bear the names of Habenga Holdings Limited, Jina Investments, Mr John Mugo Kamau or Camelina Mburu, the widow of a former Provincial Commissioner, the late John Mburu.
The lawyer stated that the claim by Mrs Mburu through a Ms Catherine Ng’ang’a is defective as she stated that the estate of the former PC is being managed by the public trustee.
“The case by Ms Mburu should have been commenced in court by the public trustee and it is therefore defective,” lawyer Miller.
He said no transfer documents have been produced in court by any other person or company besides those of Muchanga Investments Ltd owned by Mr Horatius Da Gama Rose.
The judge heard the bank had advanced a Sh10.5 million loan to Da Gama Rose Investments Company Limited and Muchanga.
The bank, through its senior legal officer Waweru Mathenge, told the judge that its securities journal only indicated that it only dealt with Da Gama Rose Investments Limited.
The loan was repaid and thereafter “the bank released the title deed to the lawyers of Mr Da Gama Rose – Sharpley Barrets).
Mr Mathenge said the documents could only be released to the owner of the property.
He told the judge that the bank released the documents through its lawyers Walker Kontos.
The case will be mentioned on October 30, 2015 before the court fixes a hearing date.