Meru land buying companies' four-decade court battle

Two land-buying companies have fought for a piece of land for the past 40 years.

In their finding last month, Court of Appeal judges Patrick Kiage, Roslyn Nambuye and Philip Waki said the case involving Miarage and Mwichuiri had legal cobwebs and an unending game of musical chairs.

The judges found the case rather amusing from the number of advocates who had been hired to represent the parties over the years, the shift of management and how the companies had come to evolve over time.

The Court of Appeal in the case filed by Miarage also noted that even the very existence of the two companies as legal entities since 1976 was a circus and a web that was not easy to untie.

"The factual and legal cobwebs surrounding the matter are galore and not easy to disentangle," the court found.

The dispute between the two land-buying firms was over a land deal gone sour.

Before 1976, Miarage owned a parcel of land in Meru District adjoining Nanyuki Municipality, measuring over 600 hectares.

By an agreement entered into on July 16, 1976, Miarage sold half the land to Mwichuiri for Sh690,000.

However, Miarage did not apply for consent of the Land Control Board, insisting that Mwichuiri had not paid some outstanding rates and other expenses on the transaction, which they assessed at Sh550,000.

Mwichuiri was reluctant to pay as there was no clarity on the demand.

Not given title

Mwichiuri formally went to court protesting that its members had not been given the title.

In reply, Miarage's Chairperson Angela Nyawira admitted there was a purchase but contested that the land would only be transferred if the rates were cleared.

High Court judge Kasanga Mulwa made a judgement in favour of Mwichuiri. Miarage did not file an appeal against that judgement.

A new phase of battle emerged again in the High Court after Miarage failed to hand over the title. When the court summoned Nyawira, she said she was no longer a director and that a group called Miarage Self Help Group had taken the title.

One Jackson Kiraithe headed Miarage Self Help Group. His father Mutea M'ibutu also said he was Mwichuiri's chairman.

The two instructed advocates on June 23, 2010 to file consent to set aside the High Court orders in favour of Mwichuiri.

Kiraithe complained the land was illegally transferred to Mwichuiri and that they did not know about any court case until March 11, 2010.