Chinese investor defends land purchase but says no title

Chinese investor Mr Yu Donghui testifies in a land case at the High Court on October 22, 2018. PHOTO | RICHARD MUNGUTI | NATION MEDIA GROUP

What you need to know:

  • Mr Yu Donghui told Justice Elijah Ombaga on Monday that the property was sold to Catham Properties Limited by two vendors - Mr Christopher Mugoye Wamae and Mr Alexander Kung’u Maina.

  • The two agents of Catham - Li Wen Jie and Mr Guo Dong - Mr Wamae and Mr Maina have not testified in the dispute pitting Mr Vohra’s Samvo Limited and Delta Haulage Services Limited.

  • The attorney general has said the purchase of the land was fraudulent and that the government cannot indemnify Catham from taxpayers money.

A Chinese investor has defended the purchase of a Sh2 billion parcel of land around State House in Nairobi, whose disputed ownership has resulted in a long battle at the High Court.

Mr Yu Donghui had been fighting over the property with the late Sarova Group of Hotels Managing Director Sardar Mohinder Singh Vohra.

FRAUD

Mr Donghui explained to Justice Elijah Ombaga on Monday that the property was sold to Catham Properties Limited by two vendors - Mr Christopher Mugoye Wamae and Mr Alexander Kung’u Maina.

The investor, who was re-examined by lawyer Dr Gibson Kamau Kuria, however noted that the two vendors gave Catham title documents which were later cancelled by the chief lands registrar in the Lands ministry.

The two agents of Catham - Li Wen Jie and Mr Guo Dong - Mr Wamae and Mr Maina have not testified in the dispute pitting Mr Vohra’s Samvo Limited and Delta Haulage Services Limited.

Samvo and Delta, whose managing director is Mr Ali Mohammed Egal, are also claiming ownership of the property.

Those named as respondents in the case are Samvo Limited, the NLC, the Chief Land Registrar, Mr Wamae, Mr Maina and Catham.

The ministry and the National Lands Commission (NLC) have disowned the transaction between Catham and the two vendors saying it was fraudulent.

NO TITLE

Mr Donghui further told the court that he hails from Sachwan Province of China, which has many investors.

He said the chairman of Catham sent representatives to look for opportunities in Kenya and that he met Mr Jie and Mr Dong, who told him about the land that they said they had bought.

Asked by lawyers Stephen Mwenesi (for Samvo) and Donald Owang (for Delta) whether he had a valid title for the property, Mr Donghui said he did not.

The lawyers and two others from the NLC and and the ministry told the court that Catham Properties Limited has no valid claim over the land.

Mr Donghui noted that the title deed handed to Catham was cancelled by the chief lands registrar in September 22 2014 when its authenticity was challenged by Mr Egal.

DAMAGES

Catham wanted to put up a modern multi-billion business centre on the disputed parcel of land.

Mr Donghui said the company bought the land from the two vendors for Sh200million so they are seeking damages for loss of business.

Former Lands Cabinet Secretary Charity Ngilu, who is Kitui Governor, witnessed the ground breaking ceremony for the construction but it was stopped by the High Court pending determination of the ownership dispute.

Mr Mwenesi and Mr Owang told the judge that the two vendors had no valid title to pass to Catham.

Samvo had questioned the legality of Catham’s title and maintains it’s the valid owner as its properties built on the land were demolished by agents of the Chinese company.

The attorney general has said the purchase of the land was fraudulent and that the government cannot indemnify Catham from taxpayers money.

He finished giving his testimony and the case was set for hearing on March 4, 2019.