Firm fails in bid to take possession of late Kanyotu land in Ruiru

• Jan 4, 2022

By Justus Karanja

A bid by a firm to take possession of former spymaster, late James Kanyotu’s Kangaita Coffee Estates Limited in Ruiru in Kiambu County flopped after the court ruled the sale agreement was incomplete.

The firm, Tigris Developers Limited had sued Willy Kihara Njoki Kanyotu, Sureshchandra Raichand Shah and Topaz Investments Limited while Kangaita Coffee Estates Limited was listed as interested party.

 Tigris claimed they were the owners of the land having purchased it from M/s Kangaita Coffee Estates Limited in September 2007. 

They further contended that the suit property was still registered in the name of the interested party because the interested party “had never been able to provide the completion documents” contemplated in the agreement for sale. 

They stated they owed Kangaita Sh9 million.

Tigris claimed Kihara, son of late Kanyotu, had approached them on several occasions, demanding payment of the Sh9 million balance and issued threats of eviction against them, yet he was neither a director nor a shareholder of Kangaita.

Kihara told the court his late father, James Kanyotu, was a majority shareholder in Kangaita Coffee Estates Limited and that the company and its assets such as the suit property form part of his late father’s estate. 

 He added the suit property belongs to Kangaita Coffee Estates Limited but there was internal conflict and conflict amongst the directors of the interested party. 

He added that it was his “considered view that the court relied on a fake document provided by one Christopher Ngata Kariuki.

In his ruling, the Justice B.M Eboso of Thika Environment Court dismissed Kihara’s application , stating he was not a director of Kangaiti.

He affirmed submission by Shah and Topaz Investments Limited that Kihara  was neither a director nor a shareholder of the interested party.