The battle for ownership of a parcel of land in Murang’a town pitting Nairobi tycoon Mike Maina Kamau and the Kenya Prisons department has now gone to the Court of Appeal.
The businessman, who is the owner of Marble Arch Hotel in Nairobi, has already obtained an order from the Appellate court suspending execution of decision of the Environment and Lands Court to declare his title as null and void.
While granting Mr Maina the temporary relief, the Appeals court found that his company, Muthithi Investments Company Ltd is the registered owner of the suit property measuring 1.045 hectares.
The three-judge bench said if the Land Court judgement is implemented, Mr Maina’s company risks losing the property to the Murang'a Juvenile Remand Home.
The bench comprising justices Hannah Okwengu, Mohammed Warsame and Jamila Mohammed noted that Murang’a Juvenile Remand Home is not a party to the court case and has not laid claim to the suit property.
The judges said Mr Maina has an arguable appeal against the judgement of the Environment and Lands Court, which revoked his title for the land registered as Murang’a Municipality Block 2/525.
Upon perusal of his draft memorandum of appeal, the judges found Mr Maina has raised arguable issues such as whether the trial judge erred in failing to hold that he was a bona fide purchaser for value without notice.
He argued that he purchased the land legally in 1997 from one from Stanley Maina Njuguna trading as Joheda Developers for a sum of Sh1 million and thereafter acquired a title deed from the Lands Registry.