Summon bank over land: Konzolo
What you need to know:
- Mr Konzolo’s company, Telesource Com Limited, through lawyer Stephen Gekara, argued that it would not be fair for the court to consider an affidavit filed by the bank’s legal officer without being cross-examined to establish the truth of the matter.
- “It is not enough for the bank to say they do not wish to participate in the proceedings when Mr Da Gama Rose says he bought the land from them. The bank has not confirmed or denied the claims, so it is only just if they clarify the position,” said Mr Gekara.
- His position was supported by the Ministry of Lands and widow of Provincial Commissioner John Mburu, Ms Carmellia Mburu, who is also laying claim to the disputed land valued at over Sh8 billion.
Former National Social Security Fund (NSSF) managing trustee Jos Konzolo wants officials of Barclays Bank summoned to court to explain how they transferred the 134-acre Karen land to a businessman.
Mr Konzolo’s company, Telesource Com Limited, through lawyer Stephen Gekara, argued that it would not be fair for the court to consider an affidavit filed by the bank’s legal officer without being cross-examined to establish the truth of the matter.
“It is not enough for the bank to say they do not wish to participate in the proceedings when Mr Da Gama Rose says he bought the land from them. The bank has not confirmed or denied the claims, so it is only just if they clarify the position,” said Mr Gekara.
His position was supported by the Ministry of Lands and widow of Provincial Commissioner John Mburu, Ms Carmellia Mburu, who is also laying claim to the disputed land valued at over Sh8 billion.
Ms Mburu, through lawyer Albert Kuloba, claimed that her husband was short-changed by lawyers who held his properties in trust, including Francis Da Gama Rose, whose son, Horratius, is now claiming ownership.
“After her husband’s death, she wrote to the trustee to pursue the properties. She believes the land was among the ones the lawyers tampered with,” said Mr Kuloba.
He submitted that in 2014 when they noticed the land was being sub-divided to strange individuals, she wrote a complaint to the Lands ministry only to discover that Mr Da Gama Rose, through his company Muchanga Investments Ltd, had filed a suit to stop the sub-division.
Lawyer Cecil Miller representing Mr Rose, however, objected to summoning officials from Barclays Bank, saying it will delay the speedy conclusion of the dispute.
Justice Lucy Gacheru will give directions on the suit on July 17.
