Former vice president Moody Awori has today established in court that Muchanga Investment Company did purchase the disputed land in Karen.
While being led in his evidence by lawyer Cecil Miller, Awori told the court the company purchased the suit property now valued at Sh 8billion in February 18, 1983 and thereafter it was charged at the Barclays bank for a loan of Sh 10.5 million.
He testified that a resolution was made by the company’s board and he personally executed the same in favor of Muchanga investment limited.
Awori told Justice Elijah Riech that he and his wife Rose Awori were the directors of the company since its inception 1978.
“The bank could have not registered the charge over the suit property if the same never belonged to the investment company,” said Awori.
Awori said that he signed documents for advancement of the loan has the chairman of the company after it was resolved by the board.
He submitted all documents showing indeed the company owned the land and the same were used many years back to obtain bank loan and same repaid promptly.
It was his evidence that by time the former owner of the property Arnold Brandley passed on in 1973 he had appointed the Barclays bank as the executor of his will directing how the land would be subdivided, the land was later sold to Muchanga investment limited in 1983.
Justice Riech heard that after the repayment of the loan the bank released the tittle deed that was held a security and the same given to Horatius Da Gama Rose in 1989.
The tittle deed was passed to Da Gama Rose through the law firm of Sharpley Barret, he told the court.
Muchanga Investment limited through its lawyer Mr Miller at inception of the case did obtain an injunction restraining the third party from encroaching the property.
Several companies have staked claim over the land, they include Telesource.com a company owned by former NSSF managing trustee Jos Konzolo, Habenga Holdings and Jina Enterprises.
Awori will continue to be cross-examined tomorrow by the defendants’ lawyers.
