Sh500m Karen land was under mortgage at the time it was bought, court told

A lawyer yesterday told the court that the disputed Sh500 million parcel of land in Karen was still under mortgage at the time it was allegedly bought.

Mohammed Khan told Justice John Onyiego during the testimony that the land being claimed by proposed Nairobi Deputy Governor Agnes Kagure and city businessman Thomas Mutaha was still mortgaged to Habib Bank.

The lawyer who has practiced law for over 54 years having been in practice since March 3, 1961 said he would be instructed by the Bank to prepare any re-conveyance of the mortgage.

This means the time that two claim to have bought the two parcel of lands, the lands’ original documents were still at Habib Bank.

Khan confirmed to court that it is not possible to have a re-conveyance without registration of conveyance.

According to Khan, Karen and Upper hill disputed lands were still mortgaged to the bank by the time the late Roger Robson died in 2012.

Khan who was an advocate for Habib Bank which is now Diamond Trust Bank explained to the court on the sequence the registration process follows and observed there was a discrepancy in the numbers for the conveyance document in court by the two.

In the suit, Mutaha claims to own the upper hill land and accuses Lawyer Guy Spencer of forging signatures and executing a will of the late Roger Robson who died in 2012.

Mutaha claims to be the director of Plovers Haunt limited where the upper hill land is located and had told the court that he was given for free all shares in the Plovers Haunt Company.

However, yesterday another witness, Ann Malulu who is a partner from Archer and Wilcock advocates   confirmed to the court that the Will was prepared at the law firm and was stitched and sealed/stamped according to the firm's standards.

The court heard that two overseers of the Will were employees of the firm and company records show that.

He was charged after he lost a bid to block his prosecution over the alleged forgery of a deceased’s will.

Roger Bryan Robson died in the year 2012 and left a will with the Spencer who was his lawyer.