Man seeks legal help to reacquire Sh45m property
Francis Muturi at Milimani Law Courts on September 22, 2016 for the hearing of a case he filed against two businessmen over a piece of land. He wants the court to order the chief land registrar of titles to revert the property to him. PHOTO | EVANS HABIL | NATION MEDIA GROUP
What you need to know:
- Mr Muturi, a career accountant, had entered into a sale agreement with Mr Morjaria and Mr Morjaria in October 5, 2012 to purchase the land for Sh45 million.
- Further, he said he learnt that the two had transferred the property into their names before paying the full amount.
A man wants the High Court to cancel the title to a Sh45 million parcel of land he alleges was registered fraudulently by two private developers.
Francis Kiongo Muturi, 50, is asking the Lands and Environment Court to revoke the title registered under the names of Hitesh Morjaria and Vijay Morjaria.
He wants the court to order the chief land registrar of titles in the Land ministry to cancel the title and revert it to him.
Mr Muturi, a career accountant, had entered into a sale agreement with Mr Morjaria and Mr Morjaria in October 5, 2012 to purchase the land for Sh45 million.
He accuses the two investors of breaching the sale agreement.
Mr Muturi stated that the duo “fraudulently acquired his land measuring one and half acres in Embakasi, Nairobi, on October 5, 2012”.
Speaking to the Nation on Thursday at the Milimani High Courts, Mr Muturi said he has been waiting for three years for the case to be determined in vain.
"I have been coming to this court since December 2013 for the determination of this case but it has been tossed from one judge to another,” he said.
The case has been pending before the Lands division, where it is listed for hearing and determination.
It had been mentioned before Justice Pauline Nyamweya, Justice Mary Gatumbi and Justice Samson Okong’o but has never been set for a hearing.
MY FEAR
The accountant said he is sick and would like to seek medical attention.
He says that according to the agreement, Mr Morjaria and Mr Morjaria were to pay 10 per cent of the purchase price and clear the balance within 14 days.
Further, he said he learnt that the two had transferred the property into their names before paying the full amount.
He said that "it is four years down the line and they have not finalised paying for the land”.
Also, Mr Muturi said he fears that the land will be sold to a third party and he will lose “everything”.
The case, and 27 others scheduled for hearing yesterday before Justice Okong'o, could not be heard because he is on leave.
Fresh trial dates will be allocated.
Edited by Philip Momanyi
