A solicitor who allegedly signed the transfer documents of the controversial Karen land died in 1960, 18 years before the parcel was sold, the High Court heard yesterday. The land was legally sold to Muchanga Investments by Barclays Bank of Kenya in 1983. Lawyer Cecil Miller presented before Justice Lucy Gacheru documents that show John Kamau was sold the land in 1978. He later transferred it to Jina Enterprises, who transferred it to Telesource, associated with Joseph Konzollo, in 1994. Miller presented a Kenya Gazette notice that indicated Fredrick Hopley, the solicitor who allegedly signed the transfer documents of the land to Kamau, died on August 30, 1960. “It can’t be true that the solicitor signed the transfer documents,” Miller said. The lawyer is defending Muchanga Investments in the case. He said a search in the companies registry showed that Telesource was registered in 2005 and could not have bought the land “before it came into existence”. Miller said Telesource, which alleges it acquired the property from Kamau, is relying on forged documents.
He said the land in dispute was owned by a man identified as Arnold Brandley, who died in 1973. Before his death, Brandley appointed Barclays Bank as the executor of the will he left behind indicating how the land would be subdivided after his death. Gacheru heard the will was confirmed by a Judge of the High Court in March 1973, Channan Singh. “It is in the foregoing that Hopley could not have signed for the transfer of the property in 1978, five years before the demise of Brandley,” the judge heard. Miller said evidence tabled in court shows the sole owner of the land is Muchanga Investments, who bought it from Barclays. He said all companies and individuals claiming ownership of the land are relying on forged documents. Muchanga filed the suit seeking orders to bar any company or individuals from claiming ownership of the land. It is asking the court to declare it the valid owner of the property. The hearing continues today.
