Moi, developer halt construction on disputed plot

 

Baringo Senator Gideon Moi. He and a developer Mr Jayen Motinchand Dodhia have agreed to halt construction an a plot they both claim ownership until the dispute is heard and determined. The prime plot is located at the upmarket Milimani Estate in Nakuru. PHOTO|FILE.  NATION

In Summary

• Lawyer Frank Mwangi for Mr Moi and Njuguna Matiri representing Mr Jayen Motinchand Dodhia agreed that construction be halted until the ownership dispute is resolved.
• The developer wants Mr Moi’s title deed revoked and he be declared the rightful owner of the prime plot located at the upmarket Milimani estate.
• In his plaint, Mr Moi says he obtained the plot legally and was issued with a 99year lease certificate for the 11.338acre plot whose title deed he used to obtain the loan.
• The parties agreed to have the matter mentioned on November 18 to confirm compliance with the courts directions.

By JAMES KARIUKI

Baringo Senator, Gideon Moi and a developer of a multi-million estate in Nakuru have agreed to halt construction until an ownership dispute over the plot is heard and determined.

Lawyer Frank Mwangi for Mr Moi and Njuguna Matiri representing Mr Jayen Motinchand Dodhia agreed that construction be halted until the ownership dispute is resolved.

Mr Moi says he had used the 11.338 acre plot with a 99 year lease to acquire a loan from local bank several years ago and it was therefore not available for allocation to any other party.

OWNERSHIP DOCUMENTS

But Mr Motinchand said he had the ownership documents for the plot which he claims he bought from Albert Lesonet at Sh6.5 million.

He said that he proceeded to seek funds from a local bank to enable him build seven one-storeyed mansions worth millions.

The developer said he conducted the necessary checks at the Lands offices when Mr Lesonet who held a title deed for the property offered it to him for sale.

He later obtained approvals from the former Nakuru Municipal Council allowing him to put up the mansions.

BANK LOAN

But Mr Moi said he had benefitted from the plot allocation which he had used to get a Sh4 million loan from a Nairobi based bank.

The developer wants Mr Moi’s title deed revoked and he be declared the rightful owner of the prime plot located at the upmarket Milimani Estate.

Both parties agreed to have the construction stopped until the ownership dispute is resolved.

Mr Moi was asked to produce a search certificate proving ownership when the matter comes up again for full hearing.

OBTAINED LEGALLY

In his argument, Mr Moi says he obtained the plot legally and was issued with a 99year lease certificate for the 11.338 acre plot whose title deed he used to obtain the loan.

He says the bank conducted a search before proceeding to charge the loan on the property.

The parties agreed to have the matter mentioned on November 18 to confirm compliance with the courts directions.

They also agreed to file their papers and that all manner of activities in the said plot be stopped.