23 March 2013

Kenya: Miwani Sugar Back in Court Over Title Deed Holding

THE Kisumu High Court was yesterday urged to charge with contempt one of the parties in a civil suit involving Miwani Sugar Company. The sugar company's lawyer, Dave Otieno, said that Nagendra Saxena and Crossley Holdings should be found in contempt for refusing to comply with orders that it deposits in court, a title deed of the land where the company is situated.

Otieno said the company has failed to abide by an order given on April 10, 2008. Miwani farmers had gone to court seeking nullification of the acquisition of the sugar factory and land valued at Sh2 billion by Nagendra Saxena and Crossley Holdings which allegedly bought it for Sh750 million through an auction.

Nagendra Saxena and Crossley Holdings challenged the ruling but the High Court judge John Mwera ruled in favour of the farmers.

Nagendra appealed against the ruling but Court of Appeal judges Riaga Omollo, Philip Tunoi and Daniel Aganyanya upheld Mwera's ruling and ordered that the title deed issued to Crossley Holdings be canceled and the 10,000-acres piece of land returned to the sugar farmers.

According to the judges, irregular procedures were used in the supposed auction and sale of the factory and the its nuclear estate.

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