Company sues Mombasa county govt over land
What you need to know:
- Nakumatt Investments Limited granted conservatory orders maintaining status quo.
- Justice Anyara Emukule issued the orders pending hearing of the application inter parties on May 28.
The county government of Mombasa has been sued over claims that it seeks to repossess a parcel of land valued at over Sh2 billion from a company to build a public facility.
Through its directors and shareholders, Nakumatt Investments Limited has been granted conservatory orders maintaining status quo on the land located on Nkrumah road, Mombasa.
The company, which also sued the National Land Commission, is seeking orders that it be declared the lawful owner of the land.
APPROVED PLANS
According to the suit papers, the company says it is the registered owner of the land.
The petitioners argue that lawful channels were followed to have the company registered as the owners of the land.
They further claim that after the county government approved development plans for the land, it then wrote to them cancelling the plans on the basis that the land was to be repossessed to allow for the construction of a public facility.
“On December 16, 2014, the petitioners made an application for development to the county government of Mombasa which was granted,” read part of the petition.
The company claims it was surprised to be served with a letter dated February 13 this year cancelling the approval.
The petition also stated that Nakumatt Investments Limited purchased the land from Doshi Iron Mongers Limited.
The court heard that the petitioners contacted the seller, Doshi Iron Mongers, to find out whether there were any prior disputes that had not been resolved and had not been disclosed at the time of sale.
“The petitioner was furnished with information which revealed that the Department of National Water Conservation & Pipeline Corporation was to compensate the seller Sh29,650,000 after valuation of the land,” the petition further stated.
IS UNLAWFUL
According to the petition, the company had never been furnished with notices that the the county government was interested in acquiring the land.
The company claims the manner in which its project has been stopped is unlawful.
Nakumatt Investments Limited is also seeking an order compelling the respondent respect its right to own property in accordance to the law.
The company also wants the court to issue an order prohibiting the respondent from further violation of the petitioners’ right to own property.
Justice Anyara Emukule issued the conservatory orders pending hearing of the application inter parties on May 28.
