Despite claiming to be a company of International repute, China Road and Bridge Corporation (CRBC) has encroached on a contested piece of land on Mombasa road.
The land in question is being contested by General Accident (GA) Insurance Company and Dikus Transporters.
The two are embroiled in a vicious battle at Milimani Law Courts.
GA Insurance has asked the court to issue injunctions so that no one trespasses on the land since it was used as collateral to secure a loan from I&M bank after following due process.
However, CRBC is busy excavating the land.
Last week, (GA) wrote a demand letter to CRBC to keep off its land which it said has been grabbed.
The land has allegedly been grabbed by Lawyer Stephen Juma Ndeda in collusion with businessman Abdub Diba Boru, Diba Boru Jaldesa and Stella W Nyamu.
It measures 3 acres.
Two weeks ago, Finance CS Ukur Yattani distanced himself from the grabbed land.
The land is valued at shs 400 million and is next to the Inland Container depot.
CRBC told GA that it is carrying our excavation works on LR number 209/10601/12 “lawfully pursuant to instructions given by Dikus Transporters”
Documents in our possession show that Dikus Transporters was incorporated on 12th February 2013 under CPR number /2013/94611.
Its directors are Stella W Nyamu, Abdub Diba Boru and Diba Boru Jaldesa.
One of the directors had linked the CS to the land.
He said the CS is an interested Party.
“It has come to our clients knowledge that on diverse dates in the month of March and April 2021, without any lawful authority, consent from our client, the registered owner of the land, you trespassed into our clients property and begun carrying out excavation works on the said land which has resulted to material damage to the property, “said Hashim Lesaigor Associates and advocates.
The demand letter said that at the time of the excavation, GA had deposited building materials on the land being stones and sand worth shs 672,000 in readiness to erect a perimeter wall.
CRBC is accused of carrying away the sand and stones.
GA wants CRBC to return its building materials, cease trespassing on the land and stop the excavation and restore the land to its original form.
CRBC had been given three days to vacate.
“Please note that should you not comply with the demands above, we have instructions to institute legal proceedings without any reference to you,” the demand letter said.
However, CRBC has fired back through lawyer Brown M Kairaria of Gitonga Kamiti, Kairaria & Co. Advocates.
CRBC said there were no building materials on the site and that claims that it took them away are “ridiculous and preposterous”
“Please note that our client is a reputable international company and the false assertions that its actions on the site are unlawful and criminal are extremely libelous and defamatory. All future correspondence should be directed to Dikus Transporters Limited,” the lawyer said.
The letter was sent to GA insurance on April 27th
Last month, I&M Bank wrote a letter to Court saying the land was used as security for a Sh1 million loan the bank issued to GA Insurance in 2014.
GA Insurance holds that Dikus Transporters intends to sell the land to unsuspecting buyers and wants the court to stop the move.
“It has come to GA Insurance’s attention that the conmen who are orchestrating a fraud scheme by purporting to be the owners of the aforesaid parcel of land are seeking unsuspecting buyers to purchase the land and have been visiting the land accompanied by unsuspecting buyers,” GA said in court papers.
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