Ex-MP loses appeal case on prime land

By VINCENT BARTOO

Kenya's court of Appeal has thrown out a suit filed by former politician Mark Too over a prime parcel of land in Eldoret town.

Mr Too filed an appeal in a dispute that involved the existence of two titles on the land in the prime Pioneer Estate.

The former Nominated MP had acquired one title for the land in 1999, while its previous titleholder, Margaret Munyao, got hers in 1998.

Too first moved to the High Court seeking a permanent injunction stopping Ms Munyao and another respondent, Simon Sang, from disposing of or developing it.

Through Charter House Investment, where he and his wife Sophie are directors, Too claimed he was the lawful owner of the land.

He sought the cancellation of the title deeds issued to Sang, who had acquired the land from Munyao.

Too told the court if the two were not restrained, he stood to suffer irreparable harm and loss.　

Probability of success

But then Eldoret High Court Judge George Dulu declined Too’s application, saying his case had no probability of success.

"I find it difficult to conclude that the plaintiff has a prima facie case with probability of success when you weigh his position against other title holders," he said in his judgement.

But through lawyer Hillary Chemitei, Too appealed against the judgement, claiming the judge made "final" orders at an early stage.

The case was heard before Appellate judges Alnashir Visram, Riaga Omolo and Erastus Githinji.

Chemitei said the court did not also take into account the weight of evidence against the respondents as well as submission adduced by Too.

Issued to Too

But Munyao and Sang, through lawyer Paul Gicheru, argued the title issued to them was prior in time to the one issued to Too.

State Counsel L N Muiruri concurred with the two and told the court he was able to confirm that the title issued to Too had since been recalled by the Commissioner of Lands.

Muiruri represented Attorney General Amos Wako and the Commissioner of Lands.

In the judgement delivered last Friday, the appellate judges said they did not find fault in the judgement issued by Justice Dulu.

"We find no merit in this appeal, and dismiss the same with costs to the respondents," they said.