Man claims ownership of land covering two wards in Kisauni

Julius Ogogoh, Executive Director CHRJ addressing the media in  Mombasa about the Court of Appeal verdict that struck out Mombasa Cement's application to challenge a ruling on a sh350m land case at the Supreme Court.[File/Standard]

The parcel covers Mtopanga and Bamburi wards and is worth Sh3 billion. High-rise buildings, churches, mosques, schools, and key government installations like police stations occupy the land.

Salim Khamis Takdir claims that his grandfather bought the land in Kisauni Constituency in 1947 at Sh900 from a resident named Mwana Asha Binti Mohamed El-Kilifi.

Mombasa High Court Nelly Matheka ordered him to serve the defendants in any of the nationwide circulation newspapers. The defendants are to reply within 14 days and the matter would be mentioned on February 17, next year for direction.

“Applicant is hereby granted leave to serve the defendants by way of substituted service through an advertisement in the local daily newspaper with nationwide circulation,” said Justice Matheka.

Khamis, represented by lawyer Leonard Shimwaka of Marende Necheza Advocates company, wants the court to declare he and other family members are the legal beneficiaries of the land in question.

Yesterday, Shimwaka confirmed that all the defendants had been notified. Among the documents Khamis’s family is relying on is the provisional title deed of the whole area issued to them by the National Land Commission (NLC).

During the hearing at the NLC, those who occupy the area were unable to produce the mother title deed to prove that the process to subdivide the land was above board.

Khamis said his grandfather, the late Mohamed Bin Takdir, lived in the Mtopanga area in Kisauni when he bought the land. He said that the process had been slow, but it was clear from the NLC that they were the legal owners.

At the time of his death in 1960, the property was still under application for adjudication through number 10072 lodged with the recorder of titles in Mombasa Lands office.

“My grandfather died in the year 1960 being a lawful legal owner of the suit property still under claim number 10072 awaiting completion and issuance of a certificate of title,” said Khamis.

Catholic Church Kiembeni, St Paul Anglican Church of Kenya Kiembeni, and  Kiembeni Baptist Church with massive development worth millions of shillings are among the targeted occupants of the land in question.

The others sued include Bamburi Billionaire Club, Chaliana Hospital, Kiembeni Green Estate, Safaricom PLC and Kiembeni Coca-Cola Depot.

The schools caught in the legal battle include St.Claret Nursery and Primary School, Emass Premier School, Eagle Wings High School, Unfal Junior Academy, Thika School Medical and Health Centre, Anila Vocation Training College and Al Skhalaq Girls Secondary School.

High-rise buildings affected include Yamza Plaza Bamburi, Wastcon Corner House, Rudy Guest House, New Bamburi Guest House, and Utange Kiembeni Corner Guest.

Petro City, whose proprietor is said to have spent over Sh80 million to acquire the plot, is among the properties targeted for demolition if the petitioners have their way in the legal battle in the court.

Others sued are Mwachiku, Linus Ochieng, KAG Bamburi Church, Chaliani Hospital and Kiembeni Deport Bakery.

The petitioner has also sued the Mombasa County Land Registrar and National Land Commission (NLC), wanting the court to declare the defendants as squatters occupying the land illegally.