Environment

ELC Court to decide if government has encroached Sh 300m land

Kenya School of government that sits on the embattled “GTI land”

Kalliste Limited has sued the state over Ksh. 300 million compensation in a land ownership dispute. The firm is seeking orders from the Mombasa High Court that if granted would see the government pay it Ksh 300 million as compensation for 0.68 hectares prime land located in the leafy suburbs of Kizingo, Mombasa County.

Appearing before Hon Justice Yano the director of Kalliste Limited, Anishi Doshi, also linked with Doshi Iron Mongers told the court on January 31,2020 that the company bought the embattled property from Nova Holding limited on July 7,1997 for a total cost of Ksh 10,690,556 or thereabouts.

Through learned counsel, Willis Oluga, Doshi stated that he holds a 99 year lease from the State with effect from July 1, 1997 at an annual rent of Ksh 164,000 subject to revision.

“The leasehold interest over the suit property was at all times valid and lawful and same could only be determined or terminated by the government after following due process,” said Doshi.

Contesting illegal occupation of the land by the Kenyan government, the petitioner pleaded with the court for an injunction against the government plans of surveying the land averring that he was the lawful leasehold proprietor of the suit property. The petitioner categorically pleaded with the environment and lands court to declare the occupancy of Government Training Institute( Mombasa Campus), Kenya School of Government, Ministry of Public Works and Tulsi Construction Dishes on the said property as illegal and unlawful and wished structures of the said institutions located within this land to be demolished.

However, through Counsel Wachira Guguyo the Attorney General asserted that Government Training Institute was the legal proprietor of the land taking note that the claim by Kalliste could not be backed up by law as the survey map stated otherwise. He further added that the transaction between Nova and Kalliste failed to acknowledge GTI as the owner with the title instead acknowledging Nova who was the owner with the property. The counsel finally said that Kalliste never paid stamp duty  and as per the District Surveyor in Mombasa, Racheal Ndambuki, the Kalliste neither completed the land transaction nor paid for the stamp duty.

In a cross-examination by Wachira Guguyo, Doshi stated that he became the director of Kalliste in 2010 and was not aware of the sale agreement.

“I didn’t sign the sale agreement and the promissory note but the same was done by my late father Kumar Mahesh Doshi and my uncle Ashok Doshi,” said Anishi Doshi.

He further added that their title to the land had only been revoked after the application for this suit had been received pursuant to GTI and Tulsi Construction possessing the said property and commencing with construction of an ultra-modern complex in 2012.

The prime land in question has been subjected to numerous battles. In 2002, Anishi had his issued lease certificate canceled by Director of Surveys and District Surveyor Mombasa County as null and void without any administrative reasons given.


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