3 judges to hear Leisure Lodge's property ownership dispute
Guests relax by the pool at Jacaranda Indian Ocean Beach Resort. A three judge bench on Tuesday ruled it has jurisdiction to hear a five-year-old case over ownership of disputed plots in South Coast that were allegedly acquired fraudulently. PHOTO | WACHIRA MWANGI | NATION MEDIA GROUP
What you need to know:
- A three judge bench on Tuesday ruled it has jurisdiction to hear a five-year-old case over ownership of disputed plots in South Coast that were allegedly acquired fraudulently.
- Leisure Lodges Limited has sued the then commissioner of lands and 767 other respondents among them former and current top government officials alleged to have illegally acquired the land worth millions of shillings.
A three judge bench on Tuesday ruled it has jurisdiction to hear a five-year-old case over ownership of disputed plots in South Coast that were allegedly acquired fraudulently.
Justice Anyara Emukule, Lady Justice Mary Kasango and Justice Edward Muriithi said preliminary objections by some respondents failed.
In the case, Leisure Lodges Limited has sued the then commissioner of lands and 767 other respondents among them former and current top government officials alleged to have illegally acquired the land worth millions of shillings.
The case was to be heard on August 17 and 18 last year but some of the respondents objected arguing the bench lacked jurisdiction over the case.
According to one of the objections filed by some respondents, the case is a violation of the court process.
They also argued the petition had not specified which right or fundamental freedoms they had violated.
COORDINATE JUSISDICTION
The judges said while they recognise the concurrent and coordinate jurisdiction of the High Court and Environment and Land Court, it is aware of the need to have the petition disposed off expeditiously.
“Public interest as expressed in the law demands justice shall not be delayed and shall be administered without undue regard to procedural technicalities,” they ruled.
The case was filed in 2010, amended in 2011. “There are over 670 respondents hence it would be in their interest that it is determined expeditiously,” the judges said. Leisure Lodges had objected to an application to have the hearing of case adjourned last year.
The company is seeking among others an order restraining further subdivisions of ten parcels of land in Kwale/Diani beach block.
It is also seeking a declaration that it is the lawful owner of the land and that the land titles it has valid.
It also want an order compelling Commissioner for Lands, among others, to remove all restrictions over the land. The case will be mentioned on March 14.
