Parties battling over the ownership of a Sh1.6 billion land in a case involving retired president Daniel arap Moi will wait for nine months for a court to determine whether it will accept as evidence a transfer document said to be signed by the former head of state.
Mr Moi is said to have sold the land to a company 22 years ago.
Justice Samson Okong’o will deliver a ruling on December 10, 2018 on whether Mr Moi will be asked to appear in court to verify a signature on a transfer document of the 16 hectares of land registered in the Lands Registry in 1996.
“I will give a ruling on the admissibility of the transfer document bearing the signature of Mr Moi when the hearing resumes in December 10 and 11, 2018,” said Justice Okong’o.
Lawyer George Oraro for Tulip Properties Ltd which has said it bought the land from Mr Moi urged the judge to accept the copy of the transfer document as evidence since the original could not be traced.
“The counter-part is legally acceptable evidence as it a true copy of the original signed by Mr Moi. It is superior evidence. I urge this court to admit it,” said Mr Oraro. “There is no need of summoning Mr Moi to verify the signature.”
Justice Okong’o has been asked by four traders: Mr Simon Laboso, Mr Mohammed Nur, Mr Macdonald Makaka and Mr Mohammed Hassan to reject the copy, saying “it is secondary evidence which is inadmissible in law unless the maker is called upon to verify it in court”.
Tulip Properties and the traders are battling over the ownership of the land and all have title deeds.
Lawyer William Arusei said the copy can only be accepted if its author is dead or he or she is incapable of adducing evidence. “Mr Moi and the unnamed Lands registrar can be reached to appear in court,” said Mr Arusei.