The Court of Appeal has frozen transactions and dealings on a disputed prime Muthaiga property once owned by the late President Daniel arap Moi after Equity Group CEO James Mwangi sought to reclaim the land, now valued at approximately Sh1 billion.
In a consent order issued yesterday, the appellate court ruled that the ‘status quo’ on the property must be maintained pending the hearing of Mr Mwangi’s appeal against a High Court judgment that revoked his title.
The court further ordered Mr Mwangi and his wife, Jane Wangui, to, within 60 days, deposit a security of Sh10 million in a joint account held by the advocates’ sides involved in the dispute. The court also directed that the appeal be fast-tracked.
The case pits the couple against Mount Pleasant Limited in a dispute over land in Nairobi’s upscale Muthaiga area, with competing ownership claims tracing back to transactions involving the late Moi in the 1980s and a contested transfer decades later.
A three-judge bench recorded the parties’ consent and set strict timelines for filings, signalling its intention to resolve the appeal swiftly.
The status quo order prohibits either party from selling, charging, developing, or altering the property’s registration while the appeal is pending -a measure aimed at preserving the disputed asset and preventing further complications in already convoluted land records.
Mr Mwangi contends that he purchased the land measuring 3.7 acres from Moi in December 2012 for Sh320 million.
Central to the appeal is a detailed Environment and Land Court judgment delivered in October 2025 following a trial that traced the property’s ownership history to the early 1900s.
Mount Pleasant told the court it acquired two parcels -LR 214/20/2 and LR 214/20/1/1- from the family of former Finance Cabinet Minister Arthur Magugu between 2006 and 2007 for Sh130 million after banks had charged and later discharged the land. The company stated that it later took possession.
Mount Pleasant further claimed that the Magugu family had purchased the land from Moi in 1982. After acquiring it from them in 2006, the company sought development approvals and maintained that it was the lawful owner.
The firm argued that any subsequent transfer to Mr Mwangi was legally untenable since Moi had already conveyed the land to the Magugus in 1982, thereby relinquishing his interest.
Mount Pleasant also contested registry entries from 2013 that showed a conveyance to the Mwangis and a later amalgamation into LR 214/832, alleging inconsistencies, lack of supporting surrender documents, and irregular signatures.
Consequently, it sought cancellation of the Mwangis’ titles and reinstatement of its own.
However, Mr Mwangi testified before the trial court that he and his wife bought the land directly from the late Moi in December 2012 for Sh320.6 million, paid stamp duty, and took possession in 2013.
He stated that he secured planning approvals, pursued amalgamation, and ultimately received a title deed in 2019.
Mr Mwangi emphasised that the purchase was intended for a family home and held personal significance, adding that he retained the original conveyance document handed to him by the former president.
He explained that he entered into an agreement with Moi for the property’s purchase and that before finalising the deal, they conducted searches, verified details, and commissioned a valuation.
However, evidence from the land registry complicated both parties’ claims. The Chief Land Registrar testified that key parcel files were missing, some volume and file numbers cited in the entries did not match historical records, and entries purporting to transfer the land to the Mwangis were unsigned and lacked supporting documentation.
The registrar’s office also disclosed that a lease for the amalgamated parcel was later prepared and a title issued, even as investigators raised doubts about the authenticity of certain documents.
The trial court ultimately ruled in favor of Mount Pleasant, nullifying the 2013 transfer and amalgamation while criticizing irregularities in the registry process. This decision prompted Mr Mwangi to appeal.
His application sought an order to halt enforcement of the judgment and preserve the property pending appeal.
The Court of Appeal granted the request, ordering maintenance of the status quo and a Sh10 million security deposit to prevent further transactions. It also indicated that the appeal should proceed expeditiously.
Additionally, the court directed that the matter be listed for case management within 30 days, with submissions and legal authorities to be filed beforehand.