BY NT BUSINESS CORRESPONDENT.
A Sh500 million land dispute involving a city businessman and a lawyer failed to kick off after the witnesses failed to turn up in court in court today.
Justice John Onyego adjourned the matter and directed the case to be heard on May 21 after two officials from the office of registrar of companies failed to turn up following summons to appear and establish authetification of alleged forged documents by lawyer Spencer.
Their lawyers claimed one of them was unwell and another was in a training Justice Onyego had ordered the officials to appear in court after the
forensic examiner testified without using original copies of the signatures in the copies.
The judge wanted to hear from the officials from the companies to verify.
Thomas Mutaha who claims to own the upper hill land alleges that Spencer forged signatures and executed a will of the late Roger Robson who died in 2012.
Mutaha says he is the director of Plovers Haunt limited where the upper bill land is located.
While testifying before court last month, Mutaha said he was given for free all shares in the Plovers Haunt Company.
He confirmed that he never paid for any stamp duty in respect of the share transfers.
According to his statement in court, he signed the share transfers and gave them to the deceased Roger to effect the transfer of the land in his name in 2010.
However Guy Spencer also claims that the proposed Nairobi deputy Governor Agnes Kagure grabbed a property in Karen claiming that she paid Sh100 million cash for the land.
He says he was an advocate for the late Roger since March 1997 and Roger had signed his last Will the same year.
“Roger gave me a power of Attorney on January 2010 which was stamped and registered and at his death he still owned the properties and they were still mortgaged to Habib bank limited”, Spencer says.
During the last hearing Chief inspector Susan Wanjiru who was a forensic examiner confirmed that she had been an examiner for only 6 years. She went through and stated each document that she had been asked to examine and claimed all documents produced for examination had forged
She however conflicted herself with another document examiner that had provided a report to the Nairobi CID which contradicts hers but she said she would not comment on it.
Wanjiru also confirmed that she only had photocopies to work with and did not have the original for any of the documents how can she produce a credible report She confirmed that she did not mark up the documents but was done for her and made it clear that she had not contacted the organization or firms or people that prepared the documents in question as she said that was not her job.