State to pay trader for issuing two land titles

The Lands Ministry. A businessman told the High Court that he bought land from Britania Oil at Sh12 million after conducting searches at Lands Ministry registry in 2010. But he later discovered that the land is also owned by someone else. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • Justice Omollo was delivering a ruling in a case concerning ownership of a controversial 1.7-acre beach plot in Kilifi Town filed by Mr Muriuki on May 2011, against the AG and Britania Oil Limited.
  • Mr Muriuki had told the court that he bought the land from Britania Oil at Sh12 million after conducting searches at Lands Ministry registry.

The High Court Monday ordered the government to compensate a developer for keeping into custody two files belonging to the same piece of land.

Businessman Nderitu Muriuki will receive Sh14 million.

Justice Ann Omollo said the matter had made it hard for the public to establish the genuine title.

She added that the attorney-general did not give any reason exonerating himself from blame.

Justice Omollo was delivering a ruling in a case concerning ownership of a controversial 1.7-acre beach plot in Kilifi Town filed by Mr Muriuki on May 2011, against the AG and Britania Oil Limited.

The judge, however, ordered Mr Muriuki to surrender his title deed to Britania Oil once his money is paid.

“I make these orders because it would be wrong for the plaintiff to receive the money and remain with the title deed in his name,” the judge said.

She added that Mr Muriuki had provided documentary evidence showing that he paid the entire purchase price of the land and incurred legal and other professional expenses.

Mr Muriuki had told the court that he bought the land from Britania Oil at Sh12 million after conducting searches at Lands Ministry registry.

The judge said Mr Muriuki and the ministry confirmed that Britania Oil was the right owner of the land.

“Upon confirmation, he bought the land. Then the commissioner of lands, through the land registrar, transferred it to the complainant and was issued with a title deed on May 12, 2010,” the judge said.

However, Mr Muriuki was shocked to see the plot being developed by Mr Ashok Doshi, who also had a title deed.

A search at the registry showed that the land had two titles.

Mr Muriuki said he would appeal the ruling because the issue of double title deeds for one piece of land had not been resolved.