A businessman has moved to court over two disputed parcels of land worth Ksh.1.6 billion located in Machakos County.
The battle is between the owners of Megvel Cartons Limited and Diesel Care Limited.
In his affidavit, Engineer Joseph Odera argues that he purchased 9 hectares and concluded an agreement with Margaret Wamaitha Humphreys to the effect.
According to court documents, Odera is accusing the Commissioner of Lands of illegally allocating his property, adding that the illegal allocation was concluded by the registration and issuance of a title by the Chief Land Registrar to Diesel Care Limited.
“The entire resultant title was illegally issued and is inferior to the petitioner’s title,” reads the court papers.
He further claims that at the time of buying the property, it was Agricultural land but he decided to sell it and applied for a change of use of the land to industrial.
Odera says that in 2008, he sold the property to Jewel holding with the approval of the relevant Ministry of Lands department and he successfully transferred the property to Jewel.
In 2009, Jewel Holdings is reported to have transferred the suit property to Megvel Cartons Limited who later developed the suit which was approved by the Commissioner of Lands
As a consequence of the illegality and alleged fraud by the Commissioner of Lands and facilitation by the Director of Survey, the property was allocated to a third party who In return transferred it to Diesel Care Limited
The engineer claims that when he was owning the property, that land was not available for allotment.
“Where land has been allocated the same land cannot be reallocated unless the first allocation is validly and lawfully cancelled,” reads the court documents.
