Highest court land dispute

Weekend Star
Date: 08.11.2014
Page 4
Article size: 99 cm2
ColumnCM: 22.0
AVE: 0.0
Highest court
to resolve
land dispute
BY CAROLE MAINA
A 25­year­old land dispute
auctioned the land off Thika
involving two relatives of
President Uhuru Kenyatta
and four companies will be
Road in September 2007 for
resolved by the Supreme
Bidii Kenya Ltd to tecover
Court.
the Shi.8 million loan.
The Court of Appeal
yesterday referred Bcnjoh
Amalgamated Ltd and its
subsidiary Muiri Coffee Es­
Sh70 million.
The propetty was sold to
The dispute went to the
High Coutt with Muiri
saying the land was worth
Sh70Q million and that the
tate, associated with Uhuru's sale was fraudulent.
This gave rise to multiple
cousins Ngengi Muigai
and Samuel Muigai to the
Supreme Court.
The long legal battle
suits filed at the magistrate's
court, High Court and the
Court of Appeal over the
involves the companies
property.
and Kenya Commetcial
Bank disputing 443 actes in
Muigai and Kungu denied
handing over the land that
Ruiru, Kiambu county.
Justice Patrick Kiage,
Agnes Murgor and Jamila
Mohamed said the Supreme
was offered as collateral,
arguing it was sold at a
throw­away price.
In the latest application,
Court vetdict will end the
Muiri asked the Court of
dispute, which has been in
Appeal to send the matter to
the Supreme Court, saying
court since 1988.
The dispute arose from
a loan secured by Benjoh
Ltd through Muiri Ltd from
it raises constitutional issues
of public interest.
The firm argued that
Kenya Commetcial Bank te­ uncertain, conflicting and
rpen 1988 and 1990. The
land was used as security.
The company failed
to repay the loan and on
September 19,2007, KCB
contradictory decisions
made by the courts since
1992 prompted rhe bank
to sell the property for an
amount the parties had not
agreed upon.
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