Investor files contempt application against Chief Land Registrar over Sh400million property

by bulk press Media

A foreign investor has filed application in the High Court seeking to have Chief David Nyandoro Lands Register found in contempt of orders that allowed him to be given a title deed for his Muthaiga property worth Sh400million in Nairobi county.

Eun Yon had sued Jung won, Chief land registrar and the Attorney General on behalf of Holistic mission for all nations as a trustee

In court papers filed at Milimani High court, Yon through his lawyer Lawrence Nyangito says he first moved to court on 4th October 2023 after the chief land registrar who is the contemnor unlawfully detained and declined to release his’ title deed number Nairobi/Block 189/925 L.R no 27/64.

He had sought for the conversation process, and immediately the procedure was concluded the lands registrar declined for no apparent reason to release the Applicants’ title deed.

On April 9, 2024, the lawyer days that when the parties appeared before the Honourable court, the Honourable Attorney General’s representing the land registrar/Contemnor indicated that they did not wish to oppose the Applicants’ Notice of Motion dated 4th October 2023 and that further they were agreeable to have the subject property released to his client.

He states that the court granted an order in respect to the Applicant’s Notice of Motion dated 4th October 2023 directing the Chief Land Registrar the 2nd Respondent herein to release the Applicant’s title deed Nairobi/Block 189/925 L.R no 27/64.

On April 12,2024, Nyangito says he wrote a letter from and attached the court order and which he served upon the 2nd Respondent/contemnor.

In the said letter dated we gave the 2nd Respondent/contemnor time line of three days to comply with the Honourable court order.

“Despite doing so and making several follow ups with the 2nd Respondent/contemnor he openly and blatantly rubbished the court orders and refused to abide with and comply as directed”, he argues in court documents.

My client as a result he has been subjected to great damages, he adds.

Nyangito further says that his client has been subjected to great anxiety and curiosity arising out of failure of the 2nd Respondent/contemnor release his title deed and as a result he has suffered great damages.

“The 2nd Respondent/contemnor who is a senior state officer should be committed to civil jail since he is not above the law”,he adds.

Nyangito wants the court to further order to the seizure and attachment of the 2nd Respondent’s properties and the same be sold to compensate the Applicants in terms of damages already suffered arising from his non-compliance to the Honourable court orders.

“Further upon granting the same, the Honourable court to proceed and issue an order that the 2nd Respondent/contemnor is unsuitable and unfit to serve the Government of Kenya in the position of Chief Land Registrar.

Nyangito also wants that upon determining the application, the court be pleased to order that the contemnor who is the Chief Land Registrar be arrested and committed to civil jail for a period not exceeding six months.

The Honourable court be pleased to further direct that the 2nd respondent/contemnor’s property be attached and the same be sold to compensate the Applicant for damages suffered the same arising as a result of the disobedience of the Honourable court’s order issued on 11th April 2024.

He further wants the court to order and direct that upon the contemnor serving civil jail he be declared unsuitable and unfit to serve in the Government service as the Chief Land Registrar.

The contempt application hearing is set for June 11 before High Court judge Angote.

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