A Chinese company has won an 11-year-old dispute for the control and ownership of a Sh400 million property at Upper Hill Estate, Nairobi.
Justice Oscar Angote of the Environment and Land Court division ruled that with the evidence on record, he was satisfied that Wang Wang Centre Ltd is the registered owner of the property.
He issued a permanent order blocking the plaintiff-Trikuti Investments Limited-from selling, alienating or trespassing onto the land.
He also said the plaintiff will not interfere with Wang’s use and occupation of the land.
Both Trikuti and Wang claimed to be the legal proprietors of the property.
In its court papers, Trikuti said it acquired the title deed in 1997 and has been in possession since then.
It accused other parties mentioned in the suit of falsifying the title documents and thereafter conveyed it to Wang.
But the judge in his ruling said, “Although the plaintiff states they are the title holder of the disputed land, their witness neither produced the original conveyance nor a copy certified by the Chief Land Registrar showing that the conveyance was actually registered.”
He said Wang was able to prove ownership.
The court took into consideration the sale agreements, copies of transfers and titles of the property.
The court, he said, was satisfied that Wang was an innocent purchaser.
“Considering that no evidence was presented to challenge the conveyances, it is my finding that the plaintiff case, is unjustified,” the judge said.
Wang Cheng, a director of the company, testified in court saying they bought the property from Salat and paid Sh230 million.