Moi gets order barring USIU from prime city plot
Former President Daniel arap Moi has obtained a court order barring three parties laying claim to prime land in Nairobi from starting construction at the site until the dispute is resolved.
Through lawyer Fred Ngatia, Mr Moi said he could not understand the basis of the claims lodged by United States International University -Africa (USIU-A), US-based Dr George Kiongera’s Maestro Health Connections and Equity Bank of Kenya CEO James Mwangi through his company Muthaiga Luxury Homes.
Mr Moi has been named as a defendant in the suit.
On Wednesday, Mr Ngatia told the trial court to “widen the injunction order to stop the plaintiffs from taking advantage of each other so that nothing happens on the ground until the case is heard and determined”.
Justice Samson Okong’o gave the order preserving the suit property, for which USIU-A, Maestro Health Connections and Dr Mwangi have different titles.
“Justice can only be arrived at through a full trial,” said Mr Ngatia. “We need to go straight into the trial at the earliest date possible.”
The lawyer said it was prudent that the court halts “any activities on the disputed parcel of land until a determination is made”.
Maestro Health Connections claimed it bought the property from Mr Moi for Sh500 million and had stationed 1,000 guards at the site before USIU-A contested and got an order for restoration of the status quo.
Mr Mwangi later emerged stating that he had also bought the property from the former president at Sh300 million after being introduced through proxies. Mr Ngatia said the three applications before the court seek injunctions against one another other over the true ownership.
In his request for particulars, the retired president has demanded “the names of persons, if any, who were witnesses to both sale agreement and transfers”.
He also asked for particulars, whether the witness was present when execution of the sale agreement or transfer took place.
“It is prudent that all those saying that they hold title deeds on the same land be stopped from making any development until the court makes determination as who the real owner of the suit property is,” said Mr Ngatia.
To fast-track the case the court should order a merger of the three files and the case heard by one judge, he added. The other parties agreed to the request for fast-tracking.
Justice Okong’o allowed the merger of the three files and directed that parties comply with the wider injunction order. He also directed that they file witness statements and exchange their respective defences.
The Muthaiga North property was allegedly first transferred to DPS International on November 10, 1988 but USIU-A is accusing Maestro Health Connections of grabbing its land.