A company linked to Rigathi Gachagua has moved to court over a land situated in Nairobi valued at 1.5 billion shillings.
In the suit papers filed before the Milimani law court the company – Wamunyoro investment Ltd claims that the two defendants may at any time now illegally transfer, dispose of and/or alienate the suit property to a third party.
John Michael Ohas and Columbus Two thousand ltd have been named as the respondents in the case.
Chief land registrar has also been named as the third respondent.
It is the company’s argument that if that happens, it will complicate the dispute and also interfere with the Plaintiff’s right to enjoy quiet possession of its property.
“Unless this Application is certified urgent and heard immediately by this Honourable Court and the orders sought herein granted, the 2 Defendant may proceed at any time to illegally encroach, takeover and may actually dispose of and/or transfer the suit property to unsuspecting third parties detriment of the Plaintiff thereby occasioning substantial damage and loss hence the urgency of this Application,” reads court papers
Gachagua through the company says that it has always been the lawful and registered absolute owner of and that he holds title in respect of the same which was issued on 18 June 2012 (“the first title”).
The property is charged to Equity Bank Limited as collateral for various financial facilities granted to the Plaintiff.
He claims that defendants have illegally and fraudulently obtained a second title on the property while the Plaintiff’s title is still in existence and have deliberately tampered with the records at the Lands office in respect of the suit property such that any official search on the suit property currently indicates that the 2-4 Defendant is the registered owner of the suit on the exclusion of the Plaintiff.
Through lawyer Phillip Nyachoti, Gachagua now wants the court to order that the tittle deed in Possession of the two defendant was obtained fraudulently, irregularly and illegally and that the same is therefore invalid, null and void.
The company also wants the court to order lands registrar to rectify the register in the Land’s office to cancel all unlawful entries on behalf of the 1″ and 2 Defendants and indicate the Plaintiff as the lawful and proper registered.