The High Court has adjourned the hearing of the Sh 1.5 billion land dispute between Deputy President Rigathi Gachagua and former director of physical planning at the Ministry of Lands John Michael Ohas until 30th October 2023.
This is after Gachagua’s lawyer Philip Nyachoti through lawyer Moses Kisilu who was holding his brief, told the court that the parties are engaging in an out of court settlement.
Justice Joseph Mboya granted the adjournment and directed that a consent be filed in court before the next hearing dates on 30th and 31st 2023.
During the virtual proceedings, the judge also directed the parties to avail the witnesses during the next hearing date in case the negotiations failed.
“I Implore the lawyers for the parties in this matter to have all the witnesses ready during the next hearing date in the event that the negotiations flop. By consent of all parties the matter is given the last adjournment,” the judge ruled..
In addition, the court also heard that DP Gachagua who was expected to testify in the case was unable to attend court as he was engaged in other State matters.
The Attorney General, through State counsel Allan Kamau also sought to have the case adjourned as he was engaged in another matter at Narok Law courts.
“As we speak, l am in Narok for the matter as the trial judge gave hearing dates for Wednesday and up to tomorrow and next week. Will be seeking an adjournment so that we can comply with the Supreme Court directions. Further as enriched in Article 167(7) constitution this court must also abide by the same,” Kamau told the court.
The DP through his firm Wamunyoro Investment Limited, sued Ohas, his company-Columbus Two Thousand Limited and Land Chief Registrar over the Sh 1.5 billion land located in Embakasi, Nairobi.
Through lawyer Philip Nyachoti, Gachagua argues that the land belongs to Wamunyoro Inv.and want the court to quash the second title deed in the name of Columbus Two Thousand.
According to Nyachoti, the company has always been the lawful owner of the said land.
The Environment and Lands Court heard that sometime on or around 19th December 2019, John Michael Ohas, Columbus Two Thousand Ltd and Chief Land Registrar tampered and interfered with the official records in respect of the suit property at the Lands office and thereby fraudulently caused a second title to be generated and issued by the Chief Land Registrar in the name of Columbus Two Thousand without the petitioner’s knowledge.