A woman has petitioned the High Court in Nairobi to be enjoined in a case involving a multi-million piece of land in Westlands, Nairobi allegedly owned by businessman Jimmy Wanjigi and his wife Irene Nzisa Wanjigi.
Cissy Kalunnde Musembi is claiming to be the registered owner of the parcel of land whose case is pending before the Environment and Lands court.
Through lawyer Danstan Omari and Shadrack Wambui, the applicant told the court that Wanjigi is part of a syndicate of individuals that forged title deeds to her land yet the court issued an order restraining the Wanjigis’ arrest and prosecution over the said matter.
“The orders issued to the police restraining the arrest of Wanjigi and other perpetrators are part of a move to protect persons who want to defraud me of my land,” said Musembi.
According to Musembi, there is urgent need for the court to consider the joinder application before the directions are issued in the matter to allow the court to see through the fraud and theft that was hatched and designed with the aim of fraudulently snatching away her property known as Land Reference No. 1870/11/200 comprised in grant registered as no. IR. No.65800/1.
“………..Therefore, the participation of the applicant in the current court proceedings is vital as she has an identifiable stake in the proceedings and a legal interest in the matter as the victim of the complex fraudulent scheme that was designed to rob her off her property located in Westlands,” said lawyer Omari.
Musembi claims to have purchased the said land from Horizon Hills Limited of certificate number C.110776 dated July 2004 innocently for value without knowledge of any defects in the title and whose purchase was preceded by reasonable background checks conducted by her advocates Wambua and Maseno advocates.
She further states that prior to the preparation of agreement for sale, her lawyers undertook all due diligence and sought formal confirmation from the relevant government agencies who confirmed that the property existed, that the vendor was a genuine company and that the directors therefore were validly in place and could thus bind the vendor in the sale agreement and could transfer the property to her.
In 2020, Wanjigi had claimed that registration number C-110776 does not belong to Horizons Hills Limited but to Bosorana Limited whose directors are David Njenga, Samson Kuria, Henry Njoroge Njenga and Samuel Chege.
However, Musembi was certain that Horizon was renamed Aureum (company owned by Wanjigi and Nzisa) after the Registrar of Companies disclosed there was another company by that name.
It was her submission that Aureum has never owned the suit property and is attempting to defraud her through forged title and transfer documents.
Aureum is the company under which the land is registered and whose directors are the Wanjigis.
On 18th January 2022, the court granted the Wanjigis conservatory orders restraining the police and DPP from arresting or preferring criminal proceedings against them in reference to the property in question.
