Nairobi City County has been sued for colluding with a businesswoman to forged a title deed belonging to a steel company in attempt to defraud it a two acre piece of land in Dandora.

Documents filed before Environment and Lands Court by Steel Production limited through lawyer Wambui Kiama, claims that Nairobi City County colluded with Grace Wairimu to perform an illegal transfer and to deprive the company of its right to the Property.

Lawyer Kiama states that in an allotment letter dated September 24 1992, the county allotted a plot number H 13, Block G, a light industrial plot in Dandora light industries area to one Georgette Mumbua Musyoka.

The allotment letter expressly provided that it should be accepted together with a cash payment or bankers cheque for the sum of Sh55, 000 being the standard premium and the annual ground rent.

Nairobi City County granted to Mumbua vacant possession of all that property together with the beacon certificate subsequent to receiving payment.

“The plaintiff purchased the suit property from Mumbua on September 6, 1995 for the sum of Sh1, 200,000 and she handed over possession of the premises to him”, reads the court papers

Kiama says that all along Nairobi City County was aware that Steel Company purchased the property from Mumbua and that the company was the beneficial proprietor of the property pending the processing of the title.

The lawyer adds that the company continued paying the annual ground rent to the county.

She added that the company procured approval from the company on or about 1999 to erect a proposed Warehouse on the suit properly causing the company to erect a perimeter wall around the property, a site house and dug a toilet.

Steel company obtained a renewal of the approval to develop the proposed warehouse on the suit property on 29 September 2015.

The lawyer says Wairimu willingly, knowingly, unlawfully, fraudulently and in a process tainted with illegality procured title of the suit property in her name

The company accused Wairimu of applying for the registration as owner of the suit property despite knowing that the property was owned by it.

The lawyer further says that Wairimu ignored the readily available information that the property belonged to the steel company and was not for sale:

She further accuses Wairimu of working in collusion with the county to deny the firm of its right to the property and or refused to do her due diligence to ascertain the lawful registered owner of the suit property.

It alleges that the county purported to allot and the suit property to the Wairimu whilst it knew that the land was not available for it to allot thereby acting in blatant breach and disregard of its beneficial ownership of the suit property.

The company states that it has never sold, alienated, or in any manner transferred, charged or leased the suit property to Wairimu or to anyone.

“The Defendants (Nairobi county and Wairimu) without any legal authority or power and without reasonable or lawful grounds, she said.

The company now wants the court give a declaration that the purported allocation and issuance of the title known as Land Reference Number 27224 (IR. Number 164856/1) in favour of Wairimu was fraudulent, illegal, wrongful, null and void for all intents and purposes.

“A declaration that the 1 Defendant holds the title illegally, irregularly, unlawfully and fraudulently and the suit property belongs to the company”, the documents say.

The company is also seeking an order directing Chief land Registrar to forfeit, cancel and revoke the transfer, the lease, and the title to the suit property known Land Reference Number 27224 Number 164856/1) issued in favour of Wairimu.