Dubai Bank chairman Hassan Zubeidi. FILE PHOTO | PAUL WAWERU | NATION
What you need to know:
The bank is seeking to have the Lands Registrar ordered to abide by an order issued by Justice Eric Ogola in June 2012, which directed that it be issued with a valid land title for the property.
According to the bank, it entered into a sale agreement for the property in August 2012 with Ukamba Agricultural Institute which is the registered owner of the land.
Dubai Bank chairman says the order was given by Justice Ogola after Ukamba Agricultural Institute maintained that it did not have the original title documents to allow it to transfer the land to the bank.
Dubai Bank wants the High Court to compel the Chief Lands Registrar to transfer to it the title to a Sh250 million plot of land in Nairobi.
The bank is seeking to have the Lands Registrar ordered to abide by an order issued by Justice Eric Ogola in June 2012, which directed that it be issued with a valid land title for the property.
Dubai Bank wants the original title document, the Commissioner of Lands consent to transfer the land to it, the rates clearance certificate and land rent clearance certificate.
Justice Ogola’s orders also prohibited the Lands Registrar from making any dealings as regards the property in a manner that affects Dubai Bank. The dispute between the bank and the Lands Registrar will come up before Judicial Review Judge Justice George Odunga on September 22.
According to the bank, it entered into a sale agreement for the property in August 2012 with Ukamba Agricultural Institute which is the registered owner of the land.
The terms of the agreement in Dubai Bank’s court papers stated that the land was to be transferred to the bank after it paid a deposit of Sh38.1 million to the agricultural institute, but the latter failed to comply with the agreement.
“The balance of Sh215 million was to be paid upon completion of the transfer. Despite Dubai Bank lodging the said application to the Chief Lands Registrar, the respondent has failed to comply accordingly,” said Dubai Bank chairman Hassan Zubeidi in court filings.
He added that the order was given by Justice Ogola after Ukamba Agricultural Institute maintained that it did not have the original title documents to allow it to transfer the land to the bank. It was however listed as the owner of the land by the Lands Registrar.
“Unless the orders sought are granted, Dubai Bank stands to suffer a travesty of justice. Similarly, the orders issued by Justice Ogola stand to be disobeyed and rendered ineffectual,” added Mr Zubeidi.
The Lands Registrar and Attorney-General have in their response argued that the dispute is between Dubai Bank and Ukamba Agricultural Institute, hence the judicial review court has no jurisdiction to hear the matter.
They further claimed that the dispute between the two parties had not been concluded, hence it was impossible to honour the orders issued by Justice Ogola.
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