Former Land Registrar Michael Ohas has appealed the decision by the Environment and Land Court which declared a disputed piece of land in Embakasi, Nairobi, belongs to Wamunyoro Investment Limited, a company associated with Deputy President Rigathi Gachagua.
Ohas and his company, Columbus Two Thousand want the appellate court to enter judgement in his favour as he claims the disputed land belongs to him.
The appellant claims that Justice Oguttu Mboya erred in law and in fact by holding that the Certificate of Title for L. R. No. 209/12077 IR. No. 90923 issued to the 2nd defendant was processed and issued without the requisite fees having been fully paid.
He further faults the judge’s decision to cancel his certificate of title without proof of fraud on him and his company.
In addition, Ohas claims that the judge erred in holding without proof, that he and Columbus tampered with official documents and records regarding the suit property at the land registry.
“The Judge erred in law and in fact in finding that the Certificate of Title issued to Columbus Two Thousand Ltd was issued in vacuum hence a nullity and incapable of anchoring its claim of a lawful right to the suit Property,” says former land official in his appeal,” the former official added
Ohas also argues that Justice Mboya failed to interrogate or make a determination on the procedural impropriety in the alleged allotment of the suit property to M/s Karandi Farm Limited, Peter Nduati Miugua and Pauline Moringe.
It is his submission that that Wamunyoro Investment Ltd failed to prove that it’s predecessors in title satisfied all the legal steps for acquiring title in the manner alleged.
“To allow Wamunyoro Investment Ltd to enjoy the benefit of the suit property would, therefore, be to sanction an illegality of inordinate proportions,” Ohas claims.