Former President Daniel arap Moi gets court orders to preserve land in dispute

Senior Council Fred Ngatia leaving the Supreme Court he is representing Judge Justice Philip Tunoi when he appeared before a special Judicial Service Commision probe committee to defend himself against bribery allegations. The High Court has ordered three claimants to a prime land in Nairobi to preserve it until ownership dispute is resolved. (PHOTO: FIDELIS KABUNYI/ STANDARD)

The High Court has ordered three claimants to a prime land in Nairobi to preserve it until ownership dispute is resolved.

Justice Samson Okong'o issued the orders against United States International University, Maestro Connections Health Systems Limited and Equity Bank Chief Executive Officer Dr James Mwangi after former President Daniel Arap Moi asked the court to block them from using the court controversy to carry out constructions or develop it.

Through lawyer Fred Ngatia, the retired president said: "It is important that the court halts any activities on disputed parcel of land until a determination is made. 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."

He also told the court that he could not get the basis under which the three were laying claim to the disputed land and naming Moi as a defendant in the case.

Lawyer Ngatia told the lands court judge that his client was sure that justice could only be served after all parties were given an opportunity to be heard on where they got the title deeds which they base the ownership claim on.

He also said the three separate claims before the court should be dispensed with at the earliest time for the truth to be known.

"Justice can only be arrived at through a full trial. We need to go straight into the trial at the earliest date possible," he said.

USIU, Maestro Connections Health Systems Limited and Dr Mwangi through his company Muthaiga Luxury Homes Limited have claimed ownership of the land of which they allegedly have different titles to the contested piece of land.

On one hand, USIU claim that it bought the piece of land without any illegality involved.

But Maestro Heath Connections, in its claim, contests that it bought the same land at Sh500 million and thus was the legitimate owner.

Dr Mwangi also says he bought the piece of the contested land at Sh300 million through his proxies and thus was the valid owner.

The orders by the court yesterday were an extension of those made on July 21.

The case will be mentioned on October 26.