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Disputed Karen land ‘was under mortgage’

Bernice Mbugua @BerniceMuhindi

A lawyer yesterday told the High Court that the disputed parcel of land in Karen being claimed by proposed Nairobi deputy governor Agnes Kagure was still under mortgage at the time she bought it.

Mohammed Khan told Justice John Onyiego that by 2015, the land in Karen and another one in Upper Hill which is being claimed by city businessman Thomas Mutaha, were still mortgaged to Habib Bank.

This means the time two claim to have bought the two parcels of land, the lands’ original documents were still at Habib Bank.

Khan confirmed to court that it is not possible to have a re-conveyance without registration of conveyance.

According to Khan, both Karen and Upper Hill lands were still mortgaged to the bank by the time the late Roger Robson died in 2012.

Khan who was an advocate for Habib Bank which is now Diamond Trust Bank explained to the court on the sequence the registration process follows and observed there was a discrepancy in the numbers for the conveyance document presented in court by Kagure and Mutaha.

In the suit, Mutaha claims to own the Upper Hill land and accuses lawyer Guy Spencer of forging signatures on the Will of the late Roger Robson who died in 2012.

Mutaha claims to be the director of Plovers Haunt Ltd, the company that rightfully owns the Upper Hill land and had told the court that he was given for free all shares in the said company.

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