Witnesses in a case in which a court seeks to establish the mystery surrounding the execution of a Will in regard to an ownership wrangle of a Ksh 500 million worth estate in Karen, Nairobi, pitting lawyer Guy Spencer Elms and a businesswoman laying claim on the property failed to turn up in court forcing an adjournment.
Two of the witnesses are from the registrar of companies who had been summoned to court to appear against Spencer in support of Agnes Kagure who claims she bought the plot from the original owner, Roger Bryson Robson, at Ksh100 million in cash in 2011.
The land parcel is in dispute between Spencer and Ms Kagure, with the former claiming he took charge of the property following the death of Robson in his capacity as the bonafide executor of late Roger’s estate.
Spencer says the land and its title instruments were passed to him by the late Robson in a will dated March 24 1997.
Robson, who died on August 8 2012, is alleged to have authorised the sale of property and directed that the proceeds be channeled to Robson nephew and in environmental conservation.
But Ms Kagure claims she bought the property from Mr Robson in 2011, one year before he died.
The lawyer is urging the court to restrain Ms Kagure from acting as the property owner and be compelled to demolish the wall and other structures on the land.
The matter could not proceed and has been rescheduled for May 21 2018, thanks to the absentee witnesses.
The witnesses are expected to shed light on the authenticity of documents that have been produced by Ms Kagure as evidence in the trial.
Spencer has told the court that on April 12 2015 the property was invaded by unidentified trespassers with crude weapons.
“The caretaker of the property, Jared OKello was not at the property at the time of the invasion but arrived later only to find that he was denied access to the property by the trespassers, a statement he recorded on June 30 2016 reads.
Spencer names Thomas Murima Mutaha and Peter Gaitho as the fraudulent claimants attempting to grab the estate.
Mutaha claimed in court that he was given the property at Upper Hill for free which also belonged to the deceased.
“On April 15 2015, to everyone’s surprise, the fraudsters filed an objection in high court succession cause 955 of 2013 seeking revocation or annulment of the Grant and seeking an injunction restraining me, the Executor of the state of Roger from dealing with the Property and company account number 6604230017 held at Commercial Bank of Africa…” the statement reads.
Spencer says a second fraudulent claim of ownership of the property was made by same fraudsters on April 24 2015 when they informed the tenants of Pittway Flats that they had appointed Westridge Shelters limited as the management company of the property and that all the rent should be paid into their account with Paramount Bank limited.
“At this time the fraudsters had appointed their own guards and had refused to let me and my assistants to gain access to the property despite my numerous attempts to secure the property and I was physically threatened,” Spencer says.