Top city lawyer and managing partner of TripleOKlaw Advocates Senior Counsel John Ohaga is embroiled in a vicious 5.7 acres land tussle with a British couple in which the former, his wife, mother-in-law and sister-in-law are allegedly accused dispossessing the foreigner.
Andrian and Carolyne Radcliffe, a British couple were evicted from the suit property L.R Number 1196/32 registered under John Cecil Ball situated along Train Lane in Karen, Nairobi after living there for 33 years.
In a strange twist, at one point, Ohaga was the attorney for Radcliffe on the disputed property before he later ‘advised’ his wife and his in-laws to buy off the parcel for expansion prospects of St. Christopher International School owned by his in-laws.
In a thriller-like court filings that has turned into a roller coaster marred by allegations of conflict of interest between a client and his former attorney turned primary litigant in the case, Andrian Properties James Radcliffe have accused Kena Properties Limited in the dispossession suit as first defendants.
Kena Properties Limited is owned by Ohaga’s wife (Carolla Ohaga), her sister Jean Kamau and her maternal mother (Ohaga’s mother-in-law) Leah Ngini.
Ohaga on the other hand has been sued as the fifth defendant.
Already, Kena Properties have charged the title which the petitioner suspects to be forgery at Prime Bank for a Sh40million loan facility after claiming they bought the suit property from the owners Sh135million.
Incidentally, the disputed land which Ohaga’s nuclear and extended family members lay claim for purposes of expansion prospects of St. Cristopher International School is also owned by Kane Properties directors.
“The first respondent’s director deponed that her, together with her other co-directors, Mrs Leah Ngini and Ms. Jean Ngini Kamau, are directors and shareholders of St. Christopher’s Holdings Limited; that St. Christopher’s Holdings Limited is the proprietor of St Christopher’s International School which has been in operation for over 40 years and that the property on which St. Christopher’s International School is built is owned by the first respondent and has been owned by the family since 1965.” Court documents reads in part.
The 60 years old petitioner and his wife who are now staying with friends in Karen following their eviction avers that he has lived on the contested land since August 1, 1989.
Adrian says he first came to Kenya in 1984 while doing his Master’s Thesis before he started working in Marsabit in 1986.
The court heard that later came to Nairobi in 1988 and moved to the suit property in 1989 after being shown the land by Donald Vincent Limited.
However, Donald Vincent Limited was not the registered owner but he promised to introduce to the proprietor (John Cecil Ball, now deceased) of the property later.
It was not until 1992 when Andrian received a letter from the registered owner, John Cecil Ball about the outstanding land rates arrears amounting to Sh120, 000 which the petitioner cleared in full.
Ball died in 2012 while his wife Daphne Ball passed on in 2019.
Thereafter, in 2005, Andrian through Sheila and Sheikh & Company Advocates filed for adverse possession of the land which was dismissed by court.
Thereafter, Andrian told the court that he got John Ohaga whose daughter went to the same school with his daughter.
Just like Sheila & Sheikh Advocates, Ohaga advised him not to appeal against the dismissal of the suit.
“According to the petitioner, he does not know at what point John Ohaga stopped representing him and begun acting against his interest in regard to the suit property.” Court documents show.
However, in a replying affidavit, Ohaga terms the petitioner a pathological liar.
“I will state from the outset that the affidavits of the Petitioner in support of both the Petition and the Notice of Motion are riddled with lies and half-truths.
I wish to first confirm that the petitioner and his wife Carolyne are both well known to me as their daughter Katie and my daughter went to the same school and were close friends. Indeed, my daughter has slept over at the petitioner’s residence and his daughter has similarly slept over at our house on several occasions.
My wife and I therefore considered the Petitioner and his wife to be our friends.” Ohaga says through his lawyer James Ochieng, his senior partner at TripleOKLaw.
In 2014, Ohaga wrote to Andrian, his former client vide a letter dated September 16, 2014 informing him that the suit property had been transferred to another buyer whom he did not disclose and a similar reminder through a letter dated May 25, 2015.
Consequently, through a letter dated May 24, 2016, Andrian told the court that Ohaga demanded payment of monthly rent from his and forwarded him a tenancy agreement for signing.
The petitioner told the court that he has continued to receive land rates demand notices as late as last year, 2021 with regard to the suit property in the name of Ball.
On February 2018, Andrian told the court he received communication that the property had been sold and should consider paying rent to the new owner.
He was then evicted on February 4, 2022 by police and auctioneers through ex parte orders which have since been vacated by Justice O. A Angote.
“This Court hereby sets aside the ex parte orders issued by Hon. D. M. Kivuti (Principal Magistrate) on January 21, 2022 and confirmed on January 27, 2022 in the Chief Magistrate’s Milimani ELC E008 of 2022 between Kena Properties Limited and Andrian Radcliffe pending hearing and determination of the petition.” The order reads in part.
Further, an order was issued reinstating the petitioner and his family back to the suit property pending hearing and determination of the petition.
“I also confirm that the 1st Respondent, Kena Properties Limited, is well known to me and has been a client of the Firm for a considerable period of time. I also confirm that the directors of the 1st Respondent are Mrs. Carolla Ohaga who is my wife, Ms. Jean Kamau who is my wife’s sister, and Mrs. Leah Ngini who is my wife’s mother.” Ohaga says through a replying affidavit.
The petitioner is being represented by Khaminwa and Co Advocates.
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