A former Kanu activist and city businessman are battling over the ownership of a prime plot in Nairobi’s Kilimani area.
Caleb Miheso and Hardev Juttla, a director at Miraflores Apartments Ltd, are embroiled in a bitter tussle over the ownership of 0.67 acres located along Argwings Kodhek Road.
Ministry of Lands officials made a double allocation of the plot to Miheso and Juttla. The undeveloped plot is currently valued at Sh350 million.
They two are accusing each other of attempting to grab the plot. The case is under active investigations by DCI officers at the Kilimani police station.
Both Miheso and Juttla have documents issued by Ardhi House and Survey of Kenya officials, showing that each owns the parcel, LR No. 2/344. They produced several documents, including copies of a title deed, deed plan from the survey office and tax payment slips from the Kenya Revenue Authority.
“I have all the documents to show the plot is mine. If anyone wants to buy it, he should come straight to me, instead of trying to acquire it through other means,” Miheso said.
He said he bought the land from the government in 1996 and was issued with the title deed the same year for a 99-year lease.
The title, IR. 178704, was issued to Miheso on September 1, 1996. It was signed and issued by then-registrar of titles E.M. Wafula.
In his defence, Miheso scanned a barcode on the title and it promptly displayed his name as a lessee of the plot. Miheso’s deed plan was certified by P.F Njoroge on behalf of the director of Surveys, Nairobi, on August 2, 2016.
But Juttla, through his lawyer Moses Kurgat, insists he is the rightful owner, having acquired it from one Caleb Habilson Akwera.
Juttla says he purchased the plot through his Miraflores Apartments Limited company for Sh1.4 million in 1990. The sale agreement between Akwera and Juttla is dated July 31, 1990. Juttla, according to the agreement, was to be a freehold owner of the land.
“How could he [Miheso] have acquired the land and obtained a title for a freehold land? There must be games that must have been played in the lands offices,” Kurgat said.
In a Gazette notice Number 9576 published on November 18, 2016, Nairobi registrar of titles G.M Muyanga said the file containing the registration documents of the plot either got lost or were destroyed.
He gave the public 60 days to register any complaints or objections regarding ownership of the parcel or the property reconstructed (registered in Miraflores name).
Kurgat said his client charged the plot, together with other properties, to Stanbic Bank in 2007 to acquire a Sh15 million loan.
On November 2, 2017, C.K Ngetich, signing on behalf of the chief land registrar, said in a letter to Kurgat that the land belonged to Moraflores Apartments Ltd.