Capital Youth Caucus Association moves to court over land dispute

Mombasa Activist Evans Momanyi (right) after filing a civil suit. (Photo/Kelvin Karani)
The High Court in Mombasa has now sent a hearing date for a protracted legal dispute over the ownership of 15.4 hectors of land worth Sh8 million in Kwale County.

Justice Munyao Sila of the Environment and Land Court in Mombasa ordered that the matter be heard of October 31, 2019, ending a four-year anxiety and tension over the land.

The order was issued after Mr Evans Momanyi of Capital Youth Caucus Association (CYCA) filed an application to seek orders to stop the sale or transfer of the land.

CYCA wanted their application to be heard ex-parte alleged that there was danger of the first buyer of the land to suffer damages if it is sold to the third party.

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 “I moved to court to assist the lady to get her right because she took a loan bought land and because of the dispute nothing is going on. Banks want to auction her,” said Momanyi.

The land is at the centre of a legal dispute between Josephine Mwinamo who claims that the defendants in the case had breached a sale agreement they entered with on February 16, 2015.

Mwinamo, allegedly, bought the land curved out of Kwale/South Samburu/79. But she claims that the sellers had breached the sale agreement and had planned to sale it to a third party.

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In the suit, Murina Kambi, Henry Mbita, Ngundi Ndonga, Kambi Mwanchilungo, Eliud Yawa, Samson Mbudzia, Ruruma Mwachilungo and Henry Kengo are cited as respondents.

Momanyi’s CYCA claims that unless the defendants were barred by an order of injunction they will actualize the sale thereby occasioning Mwinamo “irreparable loss and damages.”

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Mwinamo said she paid a down-payment of Sh5 million and was to pay the remaining sum upon securing subdivision, registration and issuance of a title deed.

She claimed that instead, the defendants were planning to the sale the land to a third-party which she terms as “illegality” as the two parties committed to the sale agreement.

 “…It was an implied term in the agreement that upon completion of payment of the purchase price, I would be granted vacant possession,” said Mwinamo I her affidavit filed in court.

Mwinamo claims she had made efforts to complete the contract and asked the defendants to initiate the necessary steps as agreed in the sale agreement.

According to the court records Mwinamo claims she paid a down payment of Sh.5 million and she was to complete the balance of Sh3million after the title deed had been processed.

“The plaintiff made a down payment of Sh3 million as per the agreement and a further Sh2 million, the balance of Sh3.36 million was to be paid upon securing subdivision, registration and issuance of a title deed to the plaintiff,” states an affidavit filed in court.

On September 17, 2018, Justice C.Yano ordered that the case be mentioned on October 22, 18 to fix a date of hearing. But that never came of pass.

On Monday, CYCA also placed a caveat on the land.

Momanyi said it was fair and just that the orders sought to be granted to preserve the suit property pending the determination of the case filed.

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Land DisputeNLCKwale County