After goons demolished his factory Megvel Cartons Owner Paras Shar was left devastated.
He says that the judicial system has been corrupted to issue contradictory orders which lead to demolition of his properties.
The battle is between the owners of Megvel Cartons Limited and Diesel Care Limited.
In his affidavit, Engineer Joseph Odera argues that he purchased 9 hectares and concluded an agreement with Margaret Wamaitha Humphreys to the effect.
According to court documents, Odera is accusing the Commissioner of Lands of illegally allocating his property, adding that the illegal allocation was concluded by the registration and issuance of a title by the Chief Land Registrar to Diesel Care Limited.
In the year 2008 he sold the property to Jewel holding with the approval of the relevant ministry of Lands department he successfully transferred the property to Jewel.
In 2009 Jewel holding transferred the suit property to Megvel Cartons limited who later developed the suit which was approved by the commissioner of lands
“I confirm Megvel Cartons limited has been in occupation of the suit property and has been operating a factory for the last 12 years, “reads the affidavit
He claims that when he was owning the property that land was not available for allotment. Where land has been allocated the same land cannot be reallocated unless the first allocation is validly and lawfully cancelled
The property was never cancelled in any way by the respondents
As a consequence of the illegality and alleged fraud of the commissioner of lands and facilitation by the director of survey the property was allocated to a third party who In return transferred it to Diesel care Limited.
[14:46, 31/08/2023] Dzuia walter: He argues that the commissioner of lands illegally allocated his property and the illegal allocation was concluded by the registration and issuance of a tittle by the chief land Register to Diesel care Limited .
“The entire resultant tittle was illegally issued and is inferior to the petitioner’s tiltle,”reads court papers
The same applies to the decision and registration of tittle founded on the void letter of allotment which void tittle is now held by Diesel care Limited.
The engineer in his affidavit argues that he purchased 9 hectares and concluded agreement with Margaret Wamaitha Humphreys to the effect.
