Mombasa varsity asks High Court to expel private developer from 1.5 acre property
SEE ALSO :Student denies damage charge"We seek an order for the cancellation of the title deed to the 1.5 acres of land near the ocean which is currently wrongly considered the property of Timeless Properties. We also want the proper boundaries of the land restored," said Opulu. According to documents presented by the lawyer, TUM has been running research on marine engineering-related issues on that portion of land since 1950. Opulu explained that TUM constructed a building on the land known as a "boat house" for academic purposes and that the building was still standing. He averred that the university has been reclaiming land from the ocean since 1980, most of it for marine-related studies. In its defence, Timeless said it bought the land from Cresent Limited in 2006 for Sh4 million. Timeless Director Liston Mramba said through his lawyer, Tebino Martin, that the land was never carved from any of TUM's holdings. He said his company was issued a certificate of lease by the Government after completing the purchase. "In 2006, we became aware of the availability of the land for sale through a Gazette notice. Our lawyer helped us carry out due diligence and we established that the title deed was legal," said Mr Mramba. He accused the university of trespassing on the property and starting to construct building blocks illegally. Mramba asked the court to order the demolition of all the buildings TUM has put up on the property. The developers also want to be compensated for the loss and use of its land at full market value. TUM, however, insisted that Timeless had no basis for the ownership of the land and should be kicked out. "In 2006, it was discovered that a certificate of lease was issued to Timeless Properties. But notice was never given to the university before the 1.5 acres was carved off," said Opulu.
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