The Koinange family has filed another suit accusing the family of the late Mastermind Tobacco tycoon Wilfred M’iti Murungi of grabbing a property situated at Village Market in Gigiri within Nairobi County.
The suit filed on October 6, is coming up for a hearing on November 15 before Environment and Lands Judge Judy Omange.
Beneficiaries of the estate of former provincial commissioner Charles Karuga are claiming that Mitithiru Company Limited owned by the Murungi family illegally procured a certificate of lease dated 24 October 2008 with respect to the disputed property.
The Company is yet to file their response in the case.
Through their Lawyer Ashford Muriuki, the administrators of Karugas estate now want the court to cancel the certificate of lease issued on 24 October 2008 in the name of the company.
Also sought are an order evicting the company from the property and a further order stopping the company from selling or transferring the property situated at Gigiri, Nairobi.
“We have suffered immense loss and damage including substantial interest as the said property belonged to the beneficiaries of the Estate."
The beneficiaries according to the suit papers are listed as Peter Mbiyu Koinange, Isabella Karanja and Samuel Karuga Koinange.
The property being fought for has been listed as Nairobi/Block/91/131.
The firm of Ashford and Company advocates had in July 2020 written to Mitithiru company limited, demanding that the company forwards to them copies of the title, copies of the transfer documents and a candid statement on how they acquired the subject property.
Ashford at the same time also made it known to the company that his clients are taking necessary steps to recover the property they allegedly grabbed.
In a rejoinder, Mitithiru through Hamilton Harrison and Mathews said they were the lawfully registered proprietor of the disputed property where a certificate of the lease was issued.
It responded to the letter on September 16, 2020.
“Our client is aware that your clients have in the past made unsubstantiated claims alleging to have a proprietary interest over the property and attempted to register a caution which the chief registrar rejected, '' read the letter.
The Koinange family has in another case accused Greenhills Investment -owners of the Village Market and Tribe Hotel-of grabbing their land.
In that case, the same beneficiaries are laying claim to the disputed property identified as Nairobi/Block/91/132.
Judge Oscar Angote of the Land and Environment Court has since issued a directive ordering Greenhills not to do any dealing with the disputed property until the case is heard.
The matter is coming up for a hearing next year.
