Galana Oil Kenya Limited has won a land case against Nakuru Town East MP David Gikaria.
Justice Dalmas Ohungo of the Environment and Lands Court in Nakuru found the land measuring approximately 0.101hectares legally belongs to Galana Oil Kenya Limited and ordered for cancellation of the title held by Mr Gikaria.
The oil firm moved to court after Mr Gikaria trespassed on the suit property sometime in March 2014 and that upon conducting a search, it discovered that he had fraudulently been issued with a parallel title deed to the suit property.
The title in the name of the oil firm was issued in March 13, 1996 while the one in Mr Gikaria’s name is dated August 28, 1997.
Justice Ohungo found the title for the oil company to be genuine since it demonstrated the root of its title and the process through which it came to be registered as proprietor.
“Gikaria had the evidential burden to rebut the assertion that his title was unlawfully and fraudulently acquired. Instead, he has not adduced any evidence to show how he acquired title to the suit property on September 17, 2003 when Mid-Oil Africa Limited, which sold it to Galana Oil Kenya Ltd was already the registered owner from as far back as March 8, 2000,” said justice Ohungo.
He issued a permanent injunction restraining Mr Gikaria or his agents from dealing with or interfering with the fuel company’s possession and occupation of the land.
Mr George Ngige Kahira, a director of the oil company told court that it got the title in 2010 after buying the plot from Mid Oil Africa Ltd through a sale agreement dated August 7, 2009 for a consideration of Sh800,000. He produced the title and the sale agreement as exhibits in court.
He testified that Mid Oil Africa which was then under liquidation executed a transfer through its liquidator to convey the property to Galana Oil Kenya Ltd.
Mr Kahira further stated that his company conducted a search before executing the sale agreement and the results showed that the plot was owned by Mid Oil Africa Ltd.
Mid Oil Africa acquired the plot from Paraffina Investments Ltd through transfer dated February 8, 2000 from Mr Chege Mbatia who was the first registered owner.
The MP did not defend the suit.
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