Firm pushes Kenyan government to pay Sh300m in GTI land row

A private company in Mombasa is seeking Sh300 million from the government as compensation in a land ownership dispute with the Government Training Institute (GTI) in Mombasa.

Kalliste Limited wants the High Court in Mombasa to order the government to pay Sh300 million as compensation for the 0.68 Hectares prime land located in the rich suburbs of Kizingo.

Kalliste Limited director Anishi Doshi told Justice Charles Yano on Friday that the company bought the land on July 7 1997 at a price of Sh10,690,556 from Nova Holding Limited.

Anishi through the company lawyer Willis Oluga said that the land holds a 99-year lease from July 1 1997 at a revisable annual rent of Sh164,000.

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

Anishi wants Justice Yano to declare the revocation and cancellation of the survey plan of the said title as unlawful, invalid and declare him as the lawful leasehold proprietor of the suit property.

He also wants a declaration that the entry of GTI now a campus of Kenya School of Government, the Ministry of Public Works and Tulsi Construction Dishes into the suit property and construction unlawful and the structures demolished.

“In the alternative to the above, a sum of Sh300 million being the current market value of the suit land to be paid to Kalliste by GTI,” said Anishi.

In a cross-examination by Attorney General lawyer Wachira Guguyo, Anishi said that he became a director of Kallste in 2010 and did not sign 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.

He said before the revocation of the title in 2012, GTI entered the premises and took possession of the said property and commenced construction of an ultra-modern complex.

“The title to the parcel of land was revoked after we filed this suit to refrain GTI and Tulsi Construction Limited from trespassing,” said Anish.

Anishi said that they are still the legal and beneficial owners of the suit property and it has the right to immediate possession and use without any hindrance.

He said that the company has suffered continued loss and damages as the government declines to vacate.

Anishi said when the land was bought it was vacant without any structures and they have been paying land rates since until 2019 and no one has raised complaints that the land does not belong to Kelliste.

Anishi said that in 2002 way after being issued with the lease certificate, the Director of Surveys and District Surveyor Mombasa County cancelled the title deed terming it as null and void.

He said that the two bodies unilaterally and without any legal basis and without according them an opportunity to be heard canceled the sub-division title.

“The Gazette Notice published on July 6 and 7 2012, the Registrar of Titles Mombasa purported to revoke the title over the suit property on the allegations that it was one of the properties allocated to private developers illegally and unconstitutionally,” said Anishi.

He said the company fully complied with the terms and conditions of the lease with the government of Kenya.
Anishi said that the Registrar of Titles Mombasa has no right in law to revoke their title and likewise does the Director of Surveys and District Surveyor Mombasa County.

However, the AG’ lawyer Wachira has denied the allegations and insists the land belongs to the GTI and that the said land allegedly claimed by Kalliste does not exist on the survey map.

Wachira said that if Kalliste bought the land from Nova Holdings, they did so at their own risk as they were aware that the property belonged to GTI.

He denied claims that Kelliste bought the suit property for Sh10, 690, 556 from Nova Holding and that it is entitled to Sh300 million.

“In the alternative of the foregoing but with prejudice, the AG avers that if there is any claim the same should be directed at Nova Holding Limited and not the government,” said Wachira.

“Kalliste did not purchase anything or acquire any title or property from Nova Holding Limited because the said vendor had nothing to confer and that they ought to have known that the suit property was reserved for GTI and its success in title subsequently acquired by Nova Holdings was void abinitio,” said Wachira.

Wachira questioned why after purchasing the land on December 30 2005 Kalliste presented the documents for registration in July 2007.

Wachira said that Kalliste never paid stamp duty but Anishi said they were granted stamp duty exception.

He said that the vendor have nothing to sell, sold nothing, confirmed nothing and the cancellation by the registrar is therefore inconsequential as Kelliste rights thereto was not affected.

Wachira wants the title deed held by Kelliste to be recalled, revoked and nullified.
Rachael Ndambuki a District Surveyor Mombasa County said that according to survey plans the said land claimed by Kalliste was part of the land reserved for GTI’ Institute vide Part Development Plan PDP.
She said the land being claimed by Kalliste was canceled after the entire GTI land was sub-divided.