Oil marketer Vivo Energy, which trades in Kenya as Shell, wants a former Nairobi councillor jailed for interfering with a disputed piece of land along Ngong Road despite a court order directing that the plot should be left untouched until a suit it filed is heard.
The oil marketer says former Woodley Ward representative Mohammed Peter Nyutu has dumped a storage container on the land which is valued at S80 million and is laying concrete around it in defiance of Justice Lucy Gacheru’s court order.
Vivo sued Mr Nyutu’s company Red Kaka Limited in August, accusing it of grabbing the prime land which is adjacent to its Woodley outlet. It says Mr Nyutu used forged documents to trick the Registrar of Titles and City Hall into validating Red Kaka’s occupation of the land.
Red Kaka through Mr Nyutu has commenced acts contemptuous of the court process by placing a massive container on the suit property with the sole intention of seeking to pursue ownership rights in means other than those envisaged in these proceedings, Vivo says.
Vivo has sued Red Kaka, City Hall, the Registrar of Titles and Ayan Enterprises � a firm that was in the process of buying the land from Mr Nyutu’s company. A defence filed by the Registrar of Titles indicates that the land belongs to Vivo.
Red Kaka in 2008 leased the land to Ayan Enterprises, and successfully registered the lease with the registrar, who now says documents used in the transaction were forged.
The registrar says in defence papers that it only registered Red Kaka as the owner of the land because City Hall issued it with a seemingly genuine lease to the firm.
City Hall, however, claims that it has never owned or dealt with the land. The registrar wants City Hall and Red Kaka to settle any damages it may be ordered to pay as it only went on documents from them in issuing a provisional title deed to Mr Nyutu’s firm.
Joseph Kamunyu, a land registrar, says records show that Vivo is the registered owner of the property.
He adds that City Hall hoodwinked it into believing that the county government had authority to allocate the land to Red Kaka.
Upon checking the indenture, it indicated that the property belongs to Kenya Shell Limited.
City Hall had misrepresented to the registrar that it had authority to allocate the said land when knowingly it did not, Mr Kamunyu says.
SOURCE: BUSINESS DAILY