Corporate News
Shell wants ex-Nairobi Councillor jailed over Sh180m land case
A Shell petrol station opposite MP Shah Hospital on Parklands road in Nairobi. PHOTO | FILE
By BRIAN WASUNA
Posted Sunday, December 6 2015 at 14:45
Posted Sunday, December 6 2015 at 14:45
Oil marketer Vivo Energy, which trades in Kenya as
Shell, wants a former Nairobi councillor jailed for interfering with a
disputed piece of land along Ngong Road despite a court order directing
that the plot should be left untouched until a suit it filed is heard.
SPACE
The oil marketer says former Woodley Ward representative
Mohammed Peter Nyutu has dumped a storage container on the land which is
valued at Sh180 million and is laying concrete around it in defiance of
Justice Lucy Gacheru’s court order.
Vivo sued Mr Nyutu’s company Red Kaka Limited in
August, accusing it of grabbing the prime land which is adjacent to its
Woodley outlet. It says Mr Nyutu used forged documents to trick the
Registrar of Titles and City Hall into validating Red Kaka’s occupation
of the land.
“Red Kaka through Mr Nyutu has commenced acts
contemptuous of the court process by placing a massive container on the
suit property with the sole intention of seeking to pursue ownership
rights in means other than those envisaged in these proceedings,” Vivo
says.
Vivo has sued Red Kaka, City Hall, the Registrar of
Titles and Ayan Enterprises — a firm that was in the process of buying
the land from Mr Nyutu’s company. A defence filed by the Registrar of
Titles indicates that the land belongs to Vivo.
Red Kaka in 2008 leased the land to Ayan
Enterprises, and successfully registered the lease with the registrar,
who now says documents used in the transaction were forged.
The registrar says in defence papers that it only
registered Red Kaka as the owner of the land because City Hall issued it
with a seemingly genuine lease to the firm.
City Hall, however, claims that it has never owned
or dealt with the land. The registrar wants City Hall and Red Kaka to
settle any damages it may be ordered to pay as it only went on documents
from them in issuing a provisional title deed to Mr Nyutu’s firm.
Joseph Kamunyu, a land registrar, says records show that Vivo is the registered owner of the property.
He adds that City Hall hoodwinked it into believing that the county government had authority to allocate the land to Red Kaka.
“Upon checking the indenture, it indicated that the property belongs to Kenya Shell Limited.
“City Hall had misrepresented to the registrar that
it had authority to allocate the said land when knowingly it did not,”
Mr Kamunyu says.
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