A Nyeri court has ordered that a case in which a businessman has sued a firm for failing to issue title deeds should proceed.
Justice Lucy Waithaka gave the orders after James Muchangi objected to an application by Solio Ranch Ltd, in which the company wanted the matter struck out and moved to Nairobi.
In her ruling, Justice Waithaka noted the plaintiff’s case was arguable since he had tendered some documents that indicated there could have been a transaction.
“The plaintiff has offered documents indicate there could have been a transaction between him and the defendants, noting there is also a matter involving Nyeri Teachers Sacco, which is also involved in the land,” said Justice Waithaka.
READ MORE
Court delays ruling on Mau Mau descendants, squatters land row
Court bars Olopito Ranch officials from land interference
Surveyor blames military for failing to do due diligence on disputed land
She further ordered that transferring the case to Nairobi would be unnecessary since it would only make the matter drag in court.
“I take into consideration that the matter was filed in another court and was transferred to this court on grounds of territorial jurisdiction. The matter will be heard and determined in this court,” she ruled, noting that the inter-partes hearing will be held on November 23.
Controversy deepens
Mr Muchangi has moved to court to compel Solio Ranch Ltd to issue him with a title deed for 200 acres of land worth millions of shillings, which he said he purchased.
He observed that he cleared payment for a 200-acre block of land within Solio Ranch in Laikipia, but the company declined to issue him with a title deed.
He argues that upon completion of the payment for the land, the company asked him to purchase another block of 200 acres, for which he deposited more than 10 per cent payment.
“But when I asked the company to issue me with a title deed for the land whose payment was cleared, they said I must first clear payment for the second block,” he noted.
The case, however, deepens the controversy surrounding procurement of Solio squatters settlement scheme where the Government purchased land and resettled 3,000 families who were evicted from Mt Kenya and Aberdare forests in 1989 and 1990.
Early this year, controversy erupted over the procurement of the land, with some members of the parliamentary Committee on Land visiting the area.
Kieni MP Kanini Kega noted the 200-acre blocks, which were placed on sale by Solio Ranch Ltd, were part of the land which was meant for resettlement of squatters, noting that they should revert back to the government.
Mr Muchangi is among other investors who bought the controversial land.
The committee is yet to release its findings, alongside a report from the Ministry of Land.