Bid to have lands boss jailed rejected lands boss rejected

A case seeking to jail National Land Commission chairman Muhammad Swazuri and other senior land officers for allegedly defying a court order has been dismissed.

High Court judge Mary Gitumbi Friday declined to grant orders sought by Shamji Kalyan Pundoria Limited over a 25-acre property valued at over Sh200 million in Syokimau, Machakos County.

Justice Gitumbi said the company, whose managing director Jayesh Patel was on Thursday charged with forgery, “did not show any court order which was defied.”

Mr Shamji had sought the court’s leave to cite the lands officials, Registrar of Titles, Director of Survey, Hekima Land Surveys and Moonglow Assets for contempt of court.

The judge heard that a title issued to the plaintiff had been cancelled and issued to another party.

Justice Gitumbi said the wrong the plaintiff was seeking to correct “is within the province of a Judicial Review Division which is adjudicating another case filed against Shamji and others by Moonglow Assets.”

She directed the plaintiff to devote his energies on the main case pending in court. “The issues the plaintiff is seeking cannot be determined through an interlocutory application such as this one,” she ruled.

The judge required the parties to dispose of their issues through a full trial of the substantive suit.

Shamji Kalyan Pindoria Limited is involved in a tussle over 10.42 hectares (25 acres) in Athi River valued at approximately Sh200 million.