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Court asked to order probe on collusion in Sh150m Inland Container Depot land

Businessman says new documents contradict the ones presented earlier in court

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by Allan Kisia

Counties27 August 2020 - 20:00
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In Summary


  • Earlier documents indicate the transfer of property was between buyers Jibril and Farah and seller Toroitich.
  • Jibril claims in the new documents that he paid a firm of advocates to do the transaction on behalf of his company with seller Haji Buko.
A land transfer agreement between Joshua Kiptoo Toroitich and Ahmed Jibril

A businessman has petitioned the court to order investigations on "contradictory" statements by a man he accuses of defrauding him of Sh150 million property at the Nairobi Inland Container Depot.

Francis Njeru says fresh submissions before the Environment and Lands court by ARJ Capital Ltd director Ahmed Jibril that he bought the prime land from Haji Buko contradict earlier ones.

The earlier documents show that the transfer of the property was to Jibril and Farah Mohammed (buyers) from Joshua Kiptoo Toroitich (seller).

However, Jibril in the fresh document says payments were made to Garane and Associates Advocates who did the transaction on behalf of his company with a landowner identified as Haji Buko.

The September 16, 2015, transaction was witnessed by Toroitich, Jibril and Farah, who is his wife.

According to Njeru, there is no Haji Buko in the transfer document before the court for land title no LR209/20273 and LR 143067. 

The documents say the seller is registered as a leasee from the government for 99 years from October 1, 1993. The land measures four acres.

“The vendor has agreed to sell and the purchaser agreed to purchase all the piece of land fully together with the buildings and other improvements erected or being thereon at the price of Sh100,000,000,” the documents show.

Jibril claimed he bought the land at Sh115 million from the registered owner and had all the documents including the land title legally transferred to him.

Njeru maintains he is the registered owner of the parcel. 

But Jibril swore that after completing all the payments and the title transferred to him in November 2015, he leased it to China Road and Bridges Corporation through ARJ Capital Limited, an airline company he owns with his wife Farrah.

Njeru then sued the Chinese company for trespass at the High Court.  ARJ Capital Limited then applied to be enjoined in the suit as an interested party.

The court ordered investigations after which Jibril and Farrah, with others not before court, were charged with conspiracy to defraud Njeru of his land on October 19, 2015, making a false title document and obtaining land registration by false pretences.

On January 21, Jibril denied the charge before Milimani resident magistrate R. Aganyo and was released on Sh2 million bond.

 

- mwaniki fm

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