LAWYER Cecil Miller has reaffirmed that the disputed Ksh8 billion worth Karen estate belongs to Muchanga Investment Limited.
In a blow by blow account and leading his witness down a chronology of the estate’s history, a trial court heard that the late freedom icon , Kenneth Matiba also recognised that it belonged to Muchanga Investment Limited (MIL) and returned a portion which had been carved out for sale by a surveyor.
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Miller said Matiba’s daughter and proprietor of Hillcrest Group of Schools, Susan Mwamuto, recognised the farm belonged to MIL whose shareholders are former Vice President Moody Awori and the late Horatius Da Gama Rose.
Tenants recognised Muchanga
He was leading Dimitri Da Gama Rose in his evidence at the Milimani law courts.
“Besides the late Matiba, also the Ministry of Lands, the Kenya Revenue Authority (KRA), the Court of Appeal, the Kenya Power Company and tenants recognised Muchanga Ltd as the bona fide owner of the 134-acre farm,” Miller said.
The witness said Mwamto wrote to Muchanga Ltd that a surveyor will streamline the boundary of their group of schools’ land and MIL which were neighbours.
The younger Da Gama has been presenting documentary evidence to show Muchanga Ltd’s ownership of the land being the sole custodian of the company’s profile.
Three title deeds
Dimitri said Muchanga Ltd sent their surveyor who rectified the boundary according to the original beacons, leading to reinstatement of a portion which had been hived off.
Hillcrest Group Schools bought the land from Mr William Berliam Worner who transferred 20.2 acres from the original 160 acres owned by Mr Grattham Biddulp Norman in 1922, the trial court heard.
The estate in question has three title deeds but Miller insists the paper trail traces the ownership to Muchanga Ltd.
Dimitri further produced a Court of Appeal judgement record, correspondence for payment of land rates between 1978-2013 from the Lands ministry, parastatals, bank statements and county government land receipts and cheques drawn in favour of Muchanga Ltd by tenants who were residing in two buildings built on the suit land to prove ownership.