Suchan Investments Limited, which is claiming a 50 per cent stake in the late freedom fighter JM Desai’s property, wants the house auctioned and the proceeds divided among the beneficiaries as ordered by the court.
After a business objected to the government's plan to declare the renowned Sh600 million Desai House in Parklands, Nairobi, as a national monument, the battle over it has taken a new turn.
According to Suchan Investments Limited, which is claiming a 50% interest in the late freedom fighter JM Desai's property, the house should be auctioned, with the proceeds going to the beneficiaries as the court has instructed.
The firm said in their plea, submitted through lawyer AGN Kamau, that "the government is not a party to the issue relating to the ownership of the property and cannot be allowed to enter late in the day with an application to have Desai House re-gazetted as a national monument."
The Ministry of Sports, Culture, and the Arts is allegedly abusing the court system to prolong the conflict between the corporation and Dipa Pulling and Sandeep Rajni Desai, the late Desai's daughters, that has been escalating since 2008. The company requested that the court deny the ministry's request to prevent the historic pre-colonial home from going up for auction and allow the public auction to proceed on July 12 instead.
After Desai moved to Kenya from India, he built the Desai House, which is located on 1.7 acres in Parklands.
Desai left the property to his two children, Dipa Pulling and Niranjan Jashbhai Desai, as well as his two grandchildren, Sandeep Rajni Desai and Kevit Subash Desai, before passing away in 1991. A quarter share was to be owned by each.
The ownership issue began after Niranjan and Kevit sold their joint half share to Suchan Investments Limited in 2016.
Due to the parties' inability to come to an agreement, Justice Samson Okong'o decided in November 2019 that since Niranjan and Kevit had sold their shares, the private developers also owned a portion and that they all shared tenants-in-common ownership of the Desai House.
The property was to be sold at a public auction with a Sh412 million reserve price, and the money were to be shared among the beneficiaries, according to a court decision on April.
However, the government submitted yet another application to stop the auction in May, claiming that Desai House is now being gazetted as a national monument and has warned any potential buyers against submitting bids. Mr. Paul Ogemba
The building known as Desai House and the adjacent compound were gazetted as a national monument and remain a protected property, the National Museums of Kenya informed the public and other interested parties.
The company, however, requests that the application be rejected, claiming that it is an attempt to prevent it from enjoying its share of the property that it purchased from Desai's children.
According to Kamau, the ministry of sports and culture has no the legal authority to sue private individuals, and because the auction judgment has never been reversed, they are wasting the court's time with a frivolous application.
"Their application to stop the public auction is incompetent, illegal, and unsustainable." "The issues they are raising about the property being a national monument have been resolved and cannot be reopened," Kamau explained.
Keysian Auctioneers advertised the property's sale by public auction last week, asking interested bidders to deposit Sh10 million.
1. Dualling Of Thika Garissa Road Set To Reward Property Investors
2. 15 Bn Kisumu Muhoroni Road Set To Open Up The Region
3. Trader Loses Claim In Sh180m Neno Evangelism Land Deal