Kamlesh Pattni loses Sh10 billion land case to ex-spy chief James Kanyotu's family
Judge Oguttu Mboya said the alleged sale of the Kangaita Coffee Estate Limited's land in Ruiru violated orders issued in a succession case blocking the sale of Kanyotu properties and the laws on land ownership.
Kamlesh Pattni has suffered a major blow after companies linked to the businessman lost a Sh10 billion land case against the family of former Director of Security Intelligence (Special Branch), James Kanyotu.
In his judgement, Environment and Land Court Judge Oguttu Mboya said the alleged sale of Kangaita Coffee Estate Limited's land in Ruiru violated existing orders, issued in a succession case, blocking the disposal of Kanyotu's properties.
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Kanyotu was the majority shareholder of Kangaita Coffee Estate Limited.
Justice Mboya ruled that the sale or agreement was illegal due to court orders and caveats issued on October 7 and November 23, 2010.
"In the premises, it is crystal clear that by the time the sale agreement dated 19th February 2012 was being executed, the sale of the suit property was prohibited by lawful and valid orders of the court, which prohibited any dealings with the affairs of companies where the deceased was the majority shareholder," ruled Justice Oguttu.
The case involved Marriot Africa International Limited, which is allegedly owned by an unnamed Ukrainian but shares the same address as Trendsetters Investments Limited - linked to Pattni, who sued Kangaita Coffee Estate and Kanyotu's family members: his first wife, Mary Wanjiku, Margaret Nyakinyua, and Willy Kihara. Ukombozi Holdings Limited was named as an interested party.
Consequently, Kangaita Coffee Estate sued Trendsetters, Marriott, Ukombozi, the chief land registrar, and the director of surveys. The judge, however, quashed the sale and barred Marriott, its agents and Ukombozi from dealing with the property.
Marriott’s witnesses, Abdul Dawood Hassan and Ken Njau, told the court they were Marriott directors alongside Augustino Okori and Vijiya Minbohadur. They testified that Marriott purchased the 500-acre land from Trendsetters with consent from the land control board.
In response, one of Kanyotu's widows, Nyakinyua, who is also the interim administrator of the estate, testified she was unaware of the sale and had not consented to transferring the land. She also alleged that Pattni offered Sh50 million to withdraw the case.
Chief Inspectors Bernard Cheruiyot and Vincent Chelongo, who provided testimony regarding the authenticity of signatures on sale documents, testified that Wanjiku, Kanyotu’s first wife, did not sign the agreement.
In a twist, Trendsetters director Abhimanuy Garhwal testified that a proper search was conducted before the purchase.
He claimed that negotiations occurred and Kangaita directors were paid Sh325 million, which was allegedly distributed to Wanjiku, Gathoni and Ngata.
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